Whatever Happened to Nepotism Rules?
Nepotism is the practice among those in power of favoring relatives or friends, especially by giving them jobs. The law is pretty clear in our government and it applies to anyone hired in the executive, legislative or judicial branch:
A public official 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.
This isn’t “Fake News”, it’s 5 U.S. Code § 3110 – Employment of relatives; restrictions. I don’t believe that not taking a paycheck, negates this rule. It says “appoint to a civilian position.” The appointment alone is not allowed.
Why does Ivanka Trump, the President’s daughter, have an office in the White House? Why is her husband, Jared Kushner, a top adviser and “employee” of the White House? They said they put their companies in a trust, although many ethics experts say that they haven’t done enough. Trump, the President himself, is benefiting from money flowing from foreign governments through his properties, but the issue and violation of the Emoluments Clause, will be covered at a later time.
Let’s focus on nepotism for this article. Why is this important? Why is there a rule that prohibits this? One problem that can arise from the government advertising an opening at one of its agencies, interviewing applicants and then hiring a less qualified person to serve in the position. It’s bad business and shoddy business practice to hire the lesser able person.
Another possible violation can occur if someone is passed over and claims they didn’t get the job because of something other than their talent and qualifications. That could trigger a lawsuit based on the Civil Rights Act of 1964, which, of course, bars discrimination because of race, color, sex, religion or national origin. You may not be able to prove the intent, but the embarrassment of a court battle would cost the country money and time.
A further problem can result when a senior male employee marries a lower ranking female member of the team. Who has to leave the agency, the senior male, or the woman? This opens up the possible legal problem of sexual discrimination. In the case of Ivanka and Jared, you don’t have that problem, but we do see the complications when offspring are given responsibilities.
The situation with Donald Trump, Jr. and his meeting with a Russian attorney exposes the President to the fact that he will probably lie for his kids, just as easily as he lies about so many other things. If Don Jr. was a mere employee of the campaign, like Paul Manafort, Daddy Trump would have thrown him under the bus. Parents don’t usually do the right thing with their kids, instead they do the right thing for their kids. Think about what Trump Sr. said about his son, “He’s a good boy.” He’s almost 40-years-old Mr. President, but you see him as a “boy?” And the praise for all his transparency was so father-like, while today (7-14-2017) we learned that there were two other people in the room during the meeting; previous undisclosed. What are they hiding?
According to Forbes Magazine, “Kathy Wiseman, a founder of and consultant at Working Systems, thinks everyone should be careful in such a situation. Wiseman advises family businesses and organizations, bringing them both sociology and 30 years of business experience. She estimates that nepotism among top executives works out only 40% of the time.”
So, if nepotism causes problems or at least complications and discomfort 60% of the time, why are we the people allowing Donald Trump to instate less qualified people in positions around him without anyone charging forward and waving 5 U.S. Code § 3110 in his face? Who checks the White House on the matter of employment?
We broke away from a King and a kingdom in 1776. Part of what the rebels here in the 13 States wanted to avoid was an unelected king operating freely and unchecked above the law. Their solution was to create a revolution and break away from the tyranny of Kings. Royalty is based on bloodlines and the children of Kings and Queens get to take over when the parent expires. Does the US now live in that world?
Why are any of Trump’s kids involved in this administration? Perhaps the President needs his “blankie” of his children blindly supporting him and telling him he’s right. But this is only going to end in problems. Don Jr. and the exposure of his emails is just an example of why there is a rule about hiring your kids. And one could ask, what does Ivanka do? What is her job description? As a tax payer, can I see that? NEPOTISM is bad for business and worse for the United States.
I find it rather remarkable that seven months into this administration we hear the words, “innocent”, “unethical”, “illegal” and “hoax” more often than a normal White House would produce. We can only hope that the Democrats find some believable messenger between now and 2020. The king has no pants and not a lot of regard for the law.