LONG BEACH - Members of the Long Beach Board of Aldermen violated the state's nepotism law by voting to appoint an alderman's brother to the school board last year, according to the Attorney General's Office.

Grady Holder was appointed to the Long Beach School Board in February 2002 by the Board of Aldermen. His brother, Allen, is the alderman at large.

The vote to appoint Holder was a tie, with Allen Holder voting in favor of his brother, along with Jimmy Levens and Joe McNary. Aldermen Gary Ponthieux, Richard Bennett and Jerry Rouse voted against him, while Billie Skellie abstained, forcing a tie.

Mayor Robert Bass broke the tie by voting for Holder.

The state nepotism law says "a person serving in a state, county, district or municipal office cannot appoint or employ as an officer who is paid from public money any person related by blood or marriage within the third degree." A school board member is considered an officer in the executive branch of government, according to the attorney general.

However, the attorney general has said a family member can be appointed to a board if he or she doesn't accept the salary.

Between March 2002 and February 2003, Grady Holder received $2,400 compensation for serving on the school board. He also received $1,544.74 to attend the National School Board Conference and $314.94 to attend a school board training workshop.

Ponthieux recently asked for an attorney general's opinion to determine whether the appointment violated state law.

"I honestly thought someone else was going to bring it up," Ponthieux said when asked why he waited more than a year to question the appointment. "When nobody else did, I decided to pursue it."

The Attorney General's Office sent Ponthieux a letter Monday declining to offer an opinion on this specific case, saying that "Attorney general opinions operate prospectively and cannot serve to validate or invalidate past actions of an individual or governing board."

However, the letter referred Ponthieux to an opinion issued on a similar case in 1998 involving the Biloxi School Board.

In that case, the attorney general's opinion stated that if the mayor appointed his brother to the school board, that was a violation of the nepotism law; however, the brother could serve if he did not accept any payment.

"... Service in a position which would otherwise violate the nepotism statute is not a violation if no compensation is received," the letter stated. "We have also opined that school board members have the authority to opt to serve with no compensation."

Mike Lanford, deputy attorney general, said the members of the Board of Aldermen who voted for Holder would be responsible for repaying the money that he has received.

"The appointment is forbidden by the nepotism law," Lanford said, "but I don't think the law would hold someone liable that didn't vote to appoint him to the school board."

Holder said Monday that he would be willing to serve on the school board without pay.

"I have already requested guidance and advice from the appropriate authorities on this matter and will address this matter when I receive it," he said. "Continued public argument and debate of the subject with persons opposed to my appointment simply for political reasons serves no purpose, will resolve nothing and only distracts from the duties I have undertaken... "

Holder's brother declined to comment until he read the attorney general's opinion.

"I don't have a comment because I don't know what I'm commenting on," he said.