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Sam
Sam, Attorney at Law
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Can small towns have family members on boards

Customer Question

can small towns have family members on boards
Submitted: 8 months ago.
Category: Legal
Expert:  Sam replied 8 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Below is the information on Nepotism under Maine laws:

6.3 NEPOTISM

The nepotism policy deals only with matters of hiring and promotion. There is no provision of statute, rule, or policy that restricts or impedes supervisory relationships among family members; hence, supervisory relationships that include family members are guided by consideration of sound management practice.

The law prohibits certain family members from participating in the final decision as to whether a person is hired or promoted. Family members who are prohibited from participating in hiring and promotion decisions are defined as being "...persons related to the job candidate by consanguinity [blood relationship] or affinity [relationship by marriage] within the 4th degree."

As a matter of practical application, the Bureau of Human Resources recommends that relatives of a candidate for appointment or promotion should not take any role whatsoever in a selection process. Turning again to the principles of sound management practice, if such a selection were subsequently found to be inappropriate, the selection could be negated with negative consequences for the program and all of the individuals involved. Even if the selection process was technically correct, the perception of nepotism could also have a negative impact on all concerned.

So while there can be family members appointed to Boards, any family members should not be included in the appointment process.

Expert:  Sam replied 8 months ago.
Expert:  Sam replied 8 months ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

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