Newark, CA asked in Gov & Administrative Law and Government Contracts for California

Q: An elected board member applies for a job in the school district.

Only after she is informed that her name will go forward for approval by the board does she resign from the board. The superintendent, who was hired by the board just a few weeks before, is in the uncomfortable position of putting her name forward. The job is that of being his assistant and he has sole authority to hire her. The whole thing “smells.” I think the superintendent was put in an awkward position and may not have otherwise hired her. But, is there anything illegal here?

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: Ah, the old smell test. Maybe you should get your concern as an agenda item before the entire board. Nepotism in employment is not prohibited, in PRIVATE EMPLOYMENT. however, (unless your last name is Trump) it is frowned upon in Public employment.

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