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QUESTIONS:

1. Would s. 116.111, F. S. (the Antinepotism Law) be violated if a municipal governing body employs the wife of one of the members of the governing body to serve as the municipal clerk?

2. Would such hiring be in violation of s. 116.111 on the basis that the applicant's husband is the first cousin of a member of the governing body?

3. Does abstention by the related governing body member from voting on the employment of his relative avoid violation of s. 116.111?

SUMMARY:

A municipal governing body is prohibited by s. 116.111, F. S., from employing the wife of one of the members of that…