Judges: JEREMIAH W. (JAY) NIXON, Attorney General
Filed Date: 11/5/2001
Status: Precedential
Modified Date: 7/5/2016
Honorable Danny Staples State Senator, District 20 State Capitol Building, Room 418 Jefferson City, MO 65101
Dear Senator Staples:
You have submitted the following question to this office: "Whether acounty assessor can employ his brother's wife's sister's daughter in thecounty assessor's office without violating the provisions of Article
In the information you submitted, you advised us that the proposed employee has seniority for pay purposes through previous county employment; but the seniority rights will lapse unless she is hired quickly. The assessor does not plan on employing the proposed employee until it is determined that no violation of Article
Article
The individual seeking employment is the niece of the assessor's brother's wife. We have previously addressed this relationship in Opinion No. 189-80, a copy of which is attached. In that opinion we concluded that based upon the principles set forth in State v. Thomas,
Very truly yours,
JEREMIAH W. (JAY) NIXON
Attorney General
Attachment: Opinion No. 189-80
OPINION LETTER NO. 189 (1980) September 19, 1980
The Honorable Meredith Ratcliff Prosecuting Attorney of Adair County P. O. Box 422 Kirksville, Missouri 63501
Dear Mr. Ratcliff:
This letter is in response to your request for an opinion as to whether the appointment to employment of a niece of the wife of a brother by the Adair County Circuit Clerk would violate VII, § 6, of the Missouri Constitution. This article forbids the employment or appointment to public office by a public official of any relative within the fourth degree of relationship, by consanguinity or affinity.
Under the factual situation outlined in your opinion request, the Circuit Clerk of Adair County wishes to appoint the niece of her brother's wife to a public position. Obviously, no question of consanguinity exists here because the parties are not blood relatives. Under principles of affinity as laid out in State v. Thomas,
A kinship by affinity — arising through marriage — exists only between each spouse and the blood relatives of the other spouse. State v. Thomas, Id. at 338.
Therefore, the Circuit Clerk of Adair County is not related by affinity to the relatives of the wife of the clerk's brother. The appointment of a niece of the clerk's brother's wife would not violate Article
Very truly yours,
JOHN ASHCROFT Attorney General