Q: In the planning for Donald Trump’s cabinet appointments, it was mentioned that he might appoint his older son to a position. But there has also been mention that there are nepotism rules in place, adopted after the Kennedy administration. Are there such rules? What are they and are they applicable to the presidency?
—P.N. Mercer, Hoschton
A: A federal nepotism law was passed in 1967.
It states that a public official (including the president) “may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official.”
If Trump wants to attempt to maneuver around this statute and nominate one of his children for a staff or cabinet position, it might be possible to do so if that person doesn’t receive a salary.
“While it’s true that the penalty for violation of the statute is just to withhold salary or other financial remuneration from the wrongfully appointed employee, there’s also the possibility that any action taken by such a wrongfully appointed employee could be subject to legal challenge and potentially even be voidable,” Steve Vladeck, a professor at the University of Texas School of Law, told CNN.com earlier this month.
Jared Kushner, Trump’s son-in-law, also would not be eligible to serve on Trump’s staff or cabinet under the law.
Andy Johnston with Fast Copy News Service wrote this column. Do you have a question? We’ll try to get the answer. Call 404-222-2002 or email q&a@ajc.com (include name, phone and city).
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