The Nepotism Rule

Summary of the Rule

Don’t hire relatives.

Examples of the Rule

• You are the commissioner of the Department of Environmental Management and your daughter has applied for a vacant liaison position with the agency. IDEM may not hire your daughter since you are the agency head, even though you may not personally be responsible for hiring her or be in a direct supervisory position over her.


• You are employed by the Family and Social Services Administration in aging services and your sister has been hired by the agency in disabilities services. It is permissible for the two of you to work in each of these positions since neither of you are the heads of the department and you will not be in a direct supervisory-subordinate relationship over the other.


• You are a member of the Water Quality Board. Your daughter cannot serve as Director of the Water Quality Board.


• You are a Commissioner at INDOT. You may not hire your son to serve as Deputy Commissioner.

Past Advisory Opinions on the Rule

• 06-I-9, May 11, 2006
• 06-I-11, May 11, 2006
• 97-I-6, October 16, 1997
• 94-I-1, February 17, 1994
• 91-I-18, August 15, 1991

The Rule: 42 IAC 1-5-15 Nepotism

Nepotism restrictions are set forth in IC 4-15-7-1.

1. No person being related to any member of any state board or commission, or to the head of any state office or department or institution, as father, mother, brother, sister, uncle, aunt, a husband or wife, son or daughter, son-in-law or daughter-in-law, niece or nephew, shall be eligible to any position in any such state board, commission, office, or department or institution, as the case may be, nor shall any such relative be entitled to receive any compensation for his or her services out of any appropriation provided by law.
2. This section shall not apply if such person has been employed in the same position in such office or department or institution for at least twelve (12) consecutive months immediately preceding the appointment of his relative as a board member or head of such office, department, or institution.
3. This section does not apply to the authority of the board of trustees of a state educational institution (as defined in IC 20-12-0.5-1) to employ any person the board considers necessary under IC 20-12-1-4.
4. No persons related as father, mother, brother, sister, uncle, aunt, husband, wife, son, daughter, son-in-law, daughter-in-law, niece, or nephew may be placed in a direct supervisory-subordinate relationship.