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IV. <br /> PROVISIONS OF LAW: <br /> 1. <br /> Section 1119A of the Ethics Code prohibits an immediate family member of an <br /> agency head from being employed in his agency. Section 1119D of the Ethics Code <br /> prohibits the willful violation of this Section by the agency head or a public employee <br /> having the authority to hire and fire the employee. <br /> Sections 1119A and 1119D of the Ethics Code provide in pertinent part: <br /> §1119. Nepotism <br /> A. No member of the immediate family of an agency head shall be <br /> employed in his agency. <br /> C.(2) The provisions of this Section shall not prohibit the continued <br /> employment of any public employee nor shall it be construed to hinder, <br /> alter, or in any way affect normal promotional advancements for such <br /> public employee where a member of public employee's immediate family <br /> becomes the agency head of such public employee's agency, provided that <br /> such public employee has been employed in the agency for a period of at <br /> least one year prior to the member of the public employee's immediate <br /> family becoming the agency head. <br /> D. A willful violation of this Section shall subject the agency head, <br /> member of the governing authority, the public employee having authority to <br /> hire and fire the employee, the immediate supervisor of the employee, <br /> whether or not such persons are immediate family members of the <br /> employee, and such employee, to disciplinary action and penalties provided <br /> by this Chapter. <br /> Page 5of15 <br /> Ethics Board Docket No. 2020-883 <br />