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Municipal Officers And Employees

Summaries

KP-0014
Ken Paxton

A school board trustee, whose powers have been suspended by the Texas Education Commission under subsection 39.112(b), Education Code, may run and serve as a city council member for a city located within the school district's boundaries.|City council member for a city located within the school district's boundaries - A school board trustee, whose powers have been suspended by the Texas Education Commission under subsection 39.112(b), Education Code, may run and serve as a city council member for a city located within the school district's boundaries.

KP-0044
Ken Paxton

Frequency of elections to certify representatives of police officers

KP-0061
Ken Paxton

Under Local Government Code subsection 22.077(a), a Type A general-law municipality may remove a municipal officer for incompetency, corruption, misconduct, or malfeasance at a regular meeting by a majority vote of those present and voting|Under Local Government Code subsection 22.077(b), a Type A general-law municipality may remove a municipal officer for a lack of confidence if two-thirds of the elected aldermen vote in favor of a resolution declaring the lack of confidence|For purposes of Local Government Code section 22.039, a "called meeting" of a Type A general-law municipality is a meeting called and held at a time or place other than the regular meeting time and place adopted pursuant to subsection 22.038(a)|An emergency meeting of a Type A general-law municipality will be considered a called meeting for purposes of Local Government Code section 22.039 if it is held at a time or place other than the regular meeting time and place established by a resolution adopted pursuant to section 22.038

KP-0105
Ken Paxton

Members of the Beaumont Planning and Zoning Commission and the Beaumont Historical Landmark Commission are local public officials subject to Local Government Code chapter 171|A Property interest within the municipality's historic district owned by members of two commissions and valued over $2,500 or more is a substantial property interest for which the members must file an affidavit stating the nature and extent of the interest|Whether local public officials under chapter 171, Local Government Code must abstain from voting on matters involving their property interest is a fact question outside the purview of an attorney general opinion|A city employee providing staff support for two municipal commissions is not a local public official subject to Local Government Code chapter 171

KP-0125
Ken Paxton

An individual may not simultaneously serve as Forest Hill city council member and Forest Hill library district trustee when the city and the library district have taxation authority in overlapping territories|Forest Hill library district trustee may not simultaneously serve as Forest Hill city council member when the city and the library district have taxation authority in overlapping territories|Individual may not simultaneously serve as Forest Hill city council member and Forest Hill library district trustee when the city and library district have overlapping taxation authority|Because the City of Forest Hill and the Forest Hill Library District have overlapping taxation authority, an individual may not simultaneously serve as city council member and library district trustee|Forest Hill Library District and City of Forest Hill have overlapping taxation authority; thus, an individual may not simultaneously serve as city council member and library district trustee|In qualifying for the second office of library district trustee, the individual effectively resigned from the office of city council

KP-0211
Ken Paxton

Article XVI, section 40(b)(1) prohibits current public school district employees who are not schoolteachers from receiving salary for city council service|Article XVI, section 40(b)(1) allows public schoolteachers to receive salary for city council service|Whether employee qualifies as schoolteacher is fact question contingent upon directly instructing students in required curriculum

KP-0214
Ken Paxton

Provision of health insurance benefits to surviving spouse of municipal fire fighter under Government Code section 615.073

KP-0223
Ken Paxton

Appointment of municipal waterworks system employee as municipal housing authority commissioner|Employee|Employ

KP-0231
Ken Paxton

Without requirements from state statute or city charter, city council has discretion to determine what constitutes a council member's absence|Without requirements from state statute or city charter, home-rule city council has discretion to determine what constitutes a council member's absence|Determination whether city charter requires city council member to abstain from voting is beyond purview of attorney general opinion

GA-0015
Greg Abbott

Incompatible offices, offices of county commissioner and council member of a city located in the county are incompatible as a matter of law; officer would automatically vacate office by accepting and qualifying for the second office|Vacancy, authority of county judge to replace county commissioner who has resigned by accepting a second, incompatible office is not contingent upon a judicial declaration that a vacancy exists|County commissioner and council member of a city located in the county, offices incompatible as a matter of law, officer would automatically vacate office by accepting and qualifying for the second office|Vacancy in office of county commissioner, authority of county judge to replace county commissioner who has resigned by accepting a second, incompatible office is not contingent upon a judicial declaration that a vacancy exists

GA-0027
Greg Abbott

Member of police department means employee of the department who has a peace officer's license|Commission on Law Enforcement Standards and Education, phrase refers to Commission on Law Enforcement Officer Standards and Education|Member of fire department|Member of police department|Hours of labor and vacation of members of fire and police department in certain municipalities applies only to a "member of the fire department" or to a "member of the police department"|Fire protection personnel, "member of the fire department" means an employee who is defined as

GA-0041
Greg Abbott

Civil service coverage, application to certain members of municipal fire department|Fire department member entitled to civil service protection if position requires substantial knowledge of fire fighting and work in the fire department

GA-0046
Greg Abbott

Vacancy on city council must be filled by election pursuant to article XI, section 11, Texas Constitution if city officers serve terms longer than two years|Vacancy on city council of type A general-law city occurs when city council accepts resignation or eight days after it is submitted, whichever is earlier|Resignation of city council member of type A general-law city creates vacancy when accepted by city council or eight days after submission, whichever is earlier|Vacancy on city council must be filled by election pursuant to article XI, section 11, Texas Constitution if city officers serve terms longer than two years

GA-0057
Greg Abbott

Selective Service Local Board members, city council members serving as|Selective Service Local Board exercises governmental powers only when federal law provides for conscription|City councilman holds office of trust under the state

GA-0068
Greg Abbott

Conflicts of interest of city council members, home-rule city may regulate consistent with Local Government Code chapter 171|Political speech of elected city council members, home-rule city may restrict only for a compelling governmental interest|Conflicts of interest, home-rule city may adopt ordinance regulating that is not inconsistent with Local Government Code chapter 171|Conflicts of interest of city council members, home-rule city may regulate consistently with Local Government Code chapter 171

GA-0130
Greg Abbott

Federal tax law, questions about should be directed to the Internal Revenue Service|Ordinance or resolution adopted by home-rule city must be consistent with city charter|Health insurance, provision of as compensation for city officers and employees|Amending ordinance, adopting another ordinance is required

GA-0166
Greg Abbott

Persons arrested by deputy constables for state-law violations, city council may prohibit the use of the municipal jail as a holding facility while arrested persons wait to appear before a magistrate, to post bond, or to be transported to a county facilit

GA-0169
Greg Abbott

Tax increment reinvestment zone, council member of creating city not barred from simultaneous service on board of|Council member of creating city not barred from simultaneous service on board of tax increment reinvestment zone|Officials

GA-0195
Greg Abbott

Director of Mountain Peak Special Utility District need not disclose his interest in or abstain from voting on matters involving City of Midlothian, of which he serves as an employee|Municipal employee of City of Midlothian not barred by common-law incompatibility from serving as director of Mountain Peak Special Utility District|Municipal employee of City of Midlothian not barred by article XVI, section 40 of the Texas Constitution from serving as director of Mountain Peak Special Utility District|Neither article XVI, section 40, Texas Constitution nor doctrine of common-law incompatibility bars municipal employee from serving as director of Mountain Peak Special Utility District

GA-0217
Greg Abbott

Resign to run, authority of home-rule city to provide in city charter for automatic resignation of mayor or council member who runs for another office|Resign to run, police officers who are not officers are not subject to automatic resignation under article XI, section 11|Home-rule city, authority to provide in city charter for automatic resignation of mayor or council member who runs for another office

GA-0226
Greg Abbott

City charter that delegates authority to the city manager to appoint department heads "subject to consultation with the" municipal governing board does not take members of the governing board out of the category of public officials subject to the anti-nep|Nepotism statutes, municipal governing board does not avoid the application of by delegating, to the city manager, in its city charter, authority to appoint department heads "subject to consultation with the" governing board|Nepotism statutes, members of the governing board of a home-rule municipality that has, in its city charter, delegated authority to its city manager to appoint department heads "subject to consultation with the" board are public officials subject to the

GA-0227
Greg Abbott

Terms of a person's disability retirement plan in effect when the person began receiving disability payments continue even when the application of those terms reduces or terminates disability benefits|Disability benefits that a retirement system determines are no longer payable under the terms of the retirement system as those terms existed on the date the retirement system began paying the disability benefits, article XVI, section 66 of the Texas Cons|Disability benefits that a retirement system determines are no longer payable under the terms of the retirement system as those terms existed on the date the retirement system began paying the disability benefits, article XVI, section 66 does not apply to

GA-0246
Greg Abbott

Second consecutive term, municipal civil service commissioner may not be reappointed to|Municipal civil service commissioner may not be reappointed to a second consecutive term

GA-0256
Greg Abbott

Practice of supplementing income as commissioned peace officer by working off-duty as private security officer is not a violation of section 36.07 of Penal Code, which prohibits acceptance of honoraria by public servants|Commissioned peace officers who are employees of the state or of a political subdivision of the state who are also employed off-duty as private security officers do not violate acceptance of honoraria prohibition in section 36.07 of Penal Code|Commissioned peace officers employed by the state of political subdivisions of the state who are also employed off-duty as private security officers do not violate acceptance of honoraria prohibition in section 36.07 of Penal Code|License and registration requirements of chapter 1702 do not apply to commissioned peace officers who receive compensation for off-duty employment as security officers|Commissioned peace officer employed by the state or by a political subdivision of the state|Benefit|Honorarium|Peace Officer|Public servant

GA-0325
Greg Abbott

Military leave of absence, authority of civil service commission, when a police officer or fire fighter returns from a military leave of absence, to demote officers who had advanced in rank because of the military leave of absence

GA-0356
Greg Abbott

Vested right, retroactive law is unconstitutional only if it impairs|Term limits provisions may be applied to service before effective date|City charter provision will not be construed by this office unless it implicates a question of federal or state law

GA-0368
Greg Abbott

A civil service commission may not grant a pay raise to municipal employees effective from the date of their last evaluation where no policy for such pay raise was in place prior to the evaluation, pursuant to Article 3, Section 53 of the Texas Constitution|Article 3, Section 53 of the Texas Constitution prohibits a civil service commission from granting a retroactive pay rate increase to municipal employees effective from the date of their last evaluation

GA-0393
Greg Abbott

Chief of police of Type A general-law municipality, who serves at pleasure of board of aldermen, is not prohibited from simultaneously serving as member of board of trustees of school district whose geographical boundaries overlap with those of city|School trustee, chief of police of Type A municipality not prohibited from simultaneously serving as, where geographical boundaries overlap|School trustee, where geographical boundaries overlap chief of police of Type A municipality is not prohibited from simultaneously serving as

GA-0394
Greg Abbott

Substitute teacher may receive compensation for serving as member of city council|Member of city council, substitute teacher may receive compensation for serving as

GA-0421
Greg Abbott

City council member whose current term is uncompensated, article III, section 19 of the Texas Constitution does not render ineligible to serve in the Texas Legislature; "term" is not synonymous with "tenure"|Eligibility to serve in the legislature, article III, section 19 of the Texas Constitution does not render ineligible a city council member whose current term is uncompensated; "term" is not synonymous with "tenure"|Lucrative office|Term of office

GA-0435
Greg Abbott

Reserve peace officer employed by a municipal police department may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security Board|Reserve peace officer employed by a sheriff, a constable, a navigation district, or a municipal police department may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security Board|Reserve peace officer employed by a sheriff or constable may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security Board|Reserve peace officer employed by a navigation district may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security Board|Reserve peace officer employed by a sheriff, a constable, a navigation district, or a municipal police department may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Board

GA-0439
Greg Abbott

Municipal building officer may rely on the engineer's seal pursuant to section 1001.402, Occupations Code and receive plat or plan as having been prepared by a professional engineer who endeavored to comply with all federal, state, and local requirements|Professional engineer's seal is assurance that a plan, specification, or other related document was prepared by a professional engineer|Professional engineer's seal represents that the professional engineer endeavored to conform the plan, specification, or other related document to all federal, state, and local engineering requirements|Municipal building officer may rely on the engineer's seal pursuant to section 1001.402 of Occupations Code and receive a plat or plan as having been prepared by a professional engineer who endeavored to comply with all federal, state, and local requirements

GA-0449
Greg Abbott

Attorney General does not ordinarily construe city charters|Health insurance benefits and car allowances, payment of, constitute "compensation"|compensation

GA-0536
Greg Abbott

City Administrator of City of League City, Assistant Chief of Police on paid leave of absence is barred from serving as\r\n|City Administrator of City of League City, Assistant Chief of Police on paid leave of absence from position is barred from serving as\r\n|Assistant Chief of Police in City of League City does not hold civil service position\r\n

GA-0538
Greg Abbott

Governing board of metropolitan transit authority, member of not barred from simultaneously serving as acting city manager for city within authority’s jurisdiction\r\n|Common-law doctrine of incompatibility does not bar member of governing board of metropolitan transit authority from simultaneously serving as acting city manager for city within \r\nauthority’s jurisdiction\r\n

GA-0585
Greg Abbott

Vacancy on municipal governing body where officers hold terms longer than two year must be filled under article XI, section 11(b) of the constitution, which prevails over inconsistent city charter provisions|Vacancy on municipal governing body where officers hold terms longer than two year must be filled under article XI, section 11(b) of the Texas Constitution, which prevails over inconsistent city charter provisions|Article XI, section 11(b) of the constitution applies to all vacancies in office, not just those created by operation of article XVI, section 65

GA-0586
Greg Abbott

Local civil service commission may not adopt rules that awards additional points to applicants on the basis of residency within the municipality

GA-0597
Greg Abbott

Water supply corporation established under Water Code chapter 67, in accordance with Local Government Code section 171.009 a director may not serve simultaneously on a city council unless the director receives no compensation or other reimbursement from the water supply corporation|Water supply corporation established under Water Code chapter 67, the directors of do not hold public office and are not, therefore, precluded by article XVI, section 40 of the Texas Constitution from simultaneously holding a public office

GA-0612
Greg Abbott

Required appearance as witness before civil service commission, police officers and fire fighters are not entitled to payment from municipality for |Required appearance as witness before civil service commission, fire fighters are not entitled to payment from municipality for |Required appearance as witness before civil service commission, police officers are not entitled to payment from municipality for

GA-0615
Greg Abbott

Municipal retirement systems, limit on increases on earnings to determine compensation for calculation of retirement benefits of vested employees|Retirement benefits, limit on increases on earnings to determine compensation for calculation of retirement benefits of vested employees, constitutionality of

GA-0625
Greg Abbott

Payroll deduction under the Fire and Police Employee Relations Act, general-law city with population below 10,000 has implicit authority to provide

GA-0670
Greg Abbott

Unconstitutional local or special law, test is whether there is a reasonable basis for the classification and whether the law operates equally on all within the class|Constitutionality of sections 143.088 and 143.1041, Local Government Code

GA-0688
Greg Abbott

School district chief of police and city council member, simultaneous services as|City council member simultaneously serving as school district chief of police, incompatibility of offices|School district chief of police simultaneously serving as city council member, incompatibility of offices

GA-0690
Greg Abbott

Authority granted to peace officers from adjoining states under article 2.124 of the Code of Criminal Procedure includes the authority to use deadly force and is limited to the municipal limits

GA-0725
Greg Abbott

Reservations and assignments in deeds executed by a member of a city council, whether they operate to exclude property from tax increment financing|Tax increment financing, whether reservations and assignments in deeds executed by a member of a city council operate to exclude property from|Own|Owner

GA-0741
Greg Abbott

Prohibition against certifying a person 45 years or older for a beginning position in a police department, no case or statute indicates that it applies to a police officer who voluntarily resigns and then is reappointed to a department\r\n|Fire Fighter and Police Officer Civil Service Act prohibition against certifying a person 45 years or older for a beginning position in a police department, no case or statute indicates that it applies to a police officer who voluntarily resigns and then is reappointed to a department

GA-0766
Greg Abbott

All actions of a city manager in a general-law municipality are subject to control by the city council. As a result, the city manager will not be considered to hold an office, and conflicting-loyalties incompatibility will not apply to prevent the city manager from holding another public office

GA-0818
Greg Abbott

Whether a civilian advisory committee may review information maintained in a police department personnel file under Texas Local Government Code section 143.089(g) will depend on specific facts

GA-0822
Greg Abbott

Benefits under chapter 615 of the Government Code, we will not speculate on the meaning a court would give to the phrase \\"continued health insurance benefits\\" given the latent ambiguity in section 615.073 and the circumstances by which a surviving spouse becomes eligible for

GA-0826
Greg Abbott

Municipality generally is not a \\"business entity\\" for purposes of the conflict of interest provisions of chapter 171 of the Texas Local Government Code|Firefighter who is an employee and not an officer of a municipality may simultaneously serve as a member of a different municipality’s city council, article XVI, section 40 does not preclude. nor the common-law incompatibility doctrine preclude a firefighter who is an employee and not an officer of a municipality from simultaneously serving as member of a different municipality’s city council|Firefighter who is an employee and not an officer of a municipality may simultaneously serve as a member of a different municipality’s city council, common-law incompatibility doctrine does not preclude|Conflicts of interest, dual office holding, and common-law incompatibility doctrine, firefighter simultaneously holding office of city council member

GA-0846
Greg Abbott

Handheld laser speed enforcement device equipped with a video camera and GPS technology, under section 542.2035 of the Transportation Code a municipality is prohibited from using a

GA-0849
Greg Abbott

Position of general manager of a water district is not incompatible with the position of city manager|City manager of a home-rule city is not an officer within the common-law doctrine of incompatibility if he is subject to appointment and removal by city council|General manager of, not an officer|Conversion into a municipal utility district

GA-0870
Greg Abbott

Recall election, municipal charter recall election provisions impose upon a city council the ministerial duty, subject to compulsion by mandamus, to order the \r\n\r\nCounty judge, Texas law does not authorize a municipal recall election to be ordered by a|City council, municipal charter recall election provisions impose a ministerial duty, subject to compulsion by mandamus, upon the|County judge, Texas law does not authorize a municipal recall election to be ordered by a

GA-0874
Greg Abbott

School district chief of police is not a “schoolteacher� for purposes of proviso of article XVI, section 40(b) of the Texas Constitution, and thus may not be compensated for service on a city council|Service on city council, school district police chief who is not a “schoolteacher� may not be compensated for

GA-0893
Greg Abbott

Reserve police force, a city that has adopted chapter 143 of the Texas Local Government Code may create and maintain a

GA-0923
Greg Abbott

Proper prosecutorial entity to prosecute a violation of a water control and improvement district ordinance under chapter 51 of the Water Code will generally depend on the court in which the citation or complaint is filed

GA-0985
Greg Abbott

Under Texas Constitution art. XI, section 11(a), home-rule municipality may not change its city council terms from three years to four years without charter amendment|City council terms of home-rule city that exceed four years are contrary to Texas Constitution article XI, section 11(a)|Home-rule municipality may not change city council terms from three years to four years without charter amendment

GA-0990
Greg Abbott

Economic development corporation may obtain benefits for its employees through a risk pool. To the extent permitted by Local Government Code section 501.067, an

GA-1003
Greg Abbott

Article I, section 32 of the Texas Constitution, political subdivisions are prohibited from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it, pursuant to|Article I, section 32 of the Texas Constitution, political subdivisions, including municipalities, are prohibited from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it, pursuant to|Article I, section 32 of the Texas Constitution, political subdivisions, including school districts, are prohibited from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it, pursuant to

GA-1029
Greg Abbott

Municipal police department positions subject to Local Government Code chapter 143 must generally be filled by competitive examination process; section 143.014 provides exception to general rule and allows police department head to appoint if specific criteria is met.|Local Government Code chapter 143 defines \\"department head\\" as \\"the chief or head of a fire or police department or that person\\'s equivalent, regardless of the name or title used.\\"|Number of persons department head may appoint under 143.014(c) Local Government Code may not exceed number of positions, plus one, in classification \\"immediately below that of department head\\" on January 1, 1983, irrespective of the particular title used|Municipal police department positions subject to Local Government Code chapter 143 are generally filled by competitive examination process; section 143.014 exception allows appointment by police department head if specific criteria is met|Department head

GA-1043
Greg Abbott

Recall petition - standing of an individual officeholder who is the subject of, or a city, to file a declaratory action to establish the sufficiency of|Recall petition, individual officeholder who is the subject of, would generally have standing to file a declaratory action to establish the sufficiency of|Recall election, existence of challenges to the sufficiency of a recall petition does not relieve a city council of duty to order, if the city charter so requires|Recall petition, whether any particular city can establish standing to challenge the sufficiency of, is for a court to determine|Recall election, existence of challenges to the sufficiency of a recall petition does not relieve a city council of duty to order if the city charter so requires

DM-0129
Dan Morales

Sick leave pool, creation of|Sick leave pool, city's creation of|Sick leave pool may not be structured to provide extra compensation

DM-0180
Dan Morales

Political subdivision of state required to provide workers' compensation coverage for employees

DM-0190
Dan Morales

Structural pest control license, whether municipal employee must obtain

DM-0194
Dan Morales

Nonprofit, no-share corporation, whether municipality may sponsor|City commissioner may serve as director of nonprofit, no-share corporation provided he or she receives no compensation or other remuneration|Nonprofit, no-share corporation, city commissioner may serve as director provided he or she receives no compensation or other remuneration

DM-0218
Dan Morales

Advisory board members are municipal officers for purposes of state law if they exercise a sovereign governmental function largely independent of the control of others|Additional sales and use tax, city may not use to finance homestead exemption|Sales and use tax, city may not adopt at a tax rate not expressly provided by statute|Sales and use taxes authorized under separate statutory provisions, city may adopt in same election but proposal to adopt may not be combined in single ballot proposition

DM-0248
Dan Morales

Resignation from civil service position in police department may not be withdrawn after acceptance by commission

DM-0270
Dan Morales

Vacation days, eligibility of police officers in city of greater than 30,000 population to|Vacation days, eligibility of fire fighters in city of greater than 30,000 population to|Vacation days, eligibility of fire fighters and police officers in city of greater than 30,000 population to

DM-0309
Dan Morales

City planning and zoning commission members, subject to conflict of interest statute|City planning and zoning commission members are local public officials within conflict of interest statute

DM-0381
Dan Morales

Public officers within article XVI, section 1 of Texas Constitution, whether police officers are|Oath of office, whether city police officers must take; validity of arrests by police officer who did not file written statement required by Texas Constitution|Police officers, whether constitutional oath of office must be taken by; validity of arrests by city police officer who did not file written statement required by Texas Constitution|Arrests made by de facto peace officers, validity of

DM-0444
Dan Morales

Utility system board is agent of municipality|Delegation to municipal utility system board of authority to manage and control system|Utility system property, system holds as agent of municipality; municipality has ultimate authority to determine use and disposal of|Delegation to municipal utility system board may not exceed power to "manage and control" system|Utility system|Control|Management|Utility system employees are employees of municipality subject to municipal employment policies, compensation, and benefits unless municipality has delegated authority to utility system board|Utility system employees subject to municipal rules regarding compensation and benefits unless municipality has delegated authority to utility system board

DM-0447
Dan Morales

Rules adopted by fire and police civil service commission, authority of city to approve, reject, or review

JC-0054
John Cornyn

County attorney employment as attorney to city located within county not precluded by common-law doctrine of incompatibility|County attorney employment as attorney to city located within county not precluded by constitutional bar on dual office holding|Employment as attorney to city located within county not precluded by constitutional bar on dual office holding or common-law doctrine of incompatibility|County attorney, employment as attorney to city located within county

JC-0143
John Cornyn

Citizenship requirement, authority of civil service commission to impose for beginning fire fighters

JC-0155
John Cornyn

Tax Abatement Act does not make the owner of tax-abated property ineligible for election to city council; rather, it removes property owned by city council member from eligibility for new tax abatement agreement (Clarified by Tex. Att'y Gen. Op. No. JC-02|Tax abatement, property not eligible for if owned or leased by member of the governing body of the municipality that grants abatements (Clarified by Tex. Att'y Gen. Op. No. JC-0236 (2000))|Abatement, property not eligible for if owned or leased by a member of the governing body of the municipality that grants abatements (Clarified by Tex. Att'y Gen. Op. No. JC-0236 (2000))

JC-0199
John Cornyn

Member of city council barred from simultaneously serving as volunteer fire fighter|Volunteer fire fighter, member of city council barred from simultaneously serving as

JC-0236
John Cornyn

Exemption for property under tax-abatement agreement is lost when owner assumes office as member of city council (Clarifies Tex. Att'y Gen. Op. No. JC-0155 (1999))

JC-0283
John Cornyn

Police officer's or fire fighter's confidential file may be released to city manager and city attorney with consent of chief executive and governing body of municipality|Police officer's and fire fighter's confidential file may be released to city manager and city attorney with consent of chief executive and governing body of municipality|Police officer's or fire fighter's confidential personnel file may be released to city manager and city attorney with consent of chief executive and governing body of municipality

JC-0293
John Cornyn

Holds over in office, incumbent municipal officer whose term is set by charter at more than two but no more than four years (assuming incumbent's term of office has not yet expired) holds over in office despite receiving a plurality, not a majority, of th|Incumbent officer whose term of office is set by charter at more than two but no more than four years holds over in office despite receiving a plurality of the vote in reelection attempt (assuming incumbent's term of office has not yet expired)|Runoff, incumbent municipal officer whose term is set by charter at more than two but no more than four years holds over in office until candidate receives majority vote in and is duly qualified for office (assuming incumbent's term of office has not yet

JC-0294
John Cornyn

Public officers, reimbursement from public funds of attorney fees to defend against prosecution for violating Open Meetings Act (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Attorney fees to defend against prosecution for violating Open Meetings Act, reimbursement of public officers' from public funds (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member is disqualified from voting on a resolution approving city's payment of costs of defending council member in criminal prosecution arising out of performance of public duties (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member may not be reimbursed for attorney's fees to defend criminal prosecution for violating Open Meetings Act if he or she is convicted (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Revenues from city water system, placement in general fund (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member is disqualified from voting on a resolution approving city's payment of costs of defending council member in criminal prosecution arising out of performance of public duties (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Prosecution for violating Open Meetings Act, payment from public funds of city council members' attorney fees to defend against (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)

JC-0310
John Cornyn

Retirement benefit under section 143.073(b) of the Local Government Code for fire fighters and police officers injured or becoming ill in the line of duty is available only if pension fund is exclusively for fire fighters or police officers rather than al|Benefit under section 143.073(b) of the Local Government Code for fire fighters and police officers injured or becoming ill in the line of duty is available only if pension fund is exclusively for fire fighters or police officers, not if fund covers all c

JC-0318
John Cornyn

Automatic resignation of city council member pursuant to article XI, section 11 of the Texas Constitution, vacancy must be filled by special election rather than by appointment|Automatic resignation of city council member, city that fails to hold a special election within 120 days after the date of the automatic resignation as required by article XI, section 11 of the Texas Constitution may not avoid holding a special election u|City council member, city that fails to hold a special election within 120 days after the date of automatic resignation as required by article XI, section 11 of the Texas Constitution may not avoid holding a special election until member's term expires|City council member, vacancy caused by automatic resignation under article XI, section 11 of the Texas Constitution must be filled by special election rather than by appointment|Automatic resignation of city council member, city that fails to hold a special election to fill vacancy within 120 days after the date of the automatic resignation may not avoid holding a special election until member's term expires|Automatic resignation of city council member, vacancy must be filled by special election rather than by appointment

JC-0340
John Cornyn

Promotional examination for sergeant, Police Officers II and Police Officers III with two years continuous service with City of San Benito eligible to take

JC-0347
John Cornyn

Confirmation of member to Fire Fighters' and Police Officers' Civil Service Commission by governing body of municipality is discretionary rather than ministerial act|Term of member of Fire Fighters' and Police Officers' Civil Service Commission, expiration of does not constitute "vacancy"|Appointment of member of Fire Fighters' and Police Officers' Civil Service Commission, power to make belongs to chief executive of municipality|Appointment of member to Fire Fighters' and Police Officers' Civil Service Commission by chief executive of municipality requires confirmation by governing body|Vacancy

JC-0382
John Cornyn

Licensed plumbing inspector for political subdivisions must be employee of political subdivision, not independent contractor|Licensed plumbing inspector for political subdivision must be employee of political subdivision, not independent contractor|Licensed plumbing inspector must be city employee, not independent contractor

JC-0403
John Cornyn

Automatic resignation, municipal officer charged with initiating special elections must act to initiate an election to fill a vacancy so that the vacancy is filled within 120 days|Automatic resignation, city commissioner whose term exceeds two years who runs for trustee of consolidated school district board resigns from office by operation of article XI, section 11|Automatic resignation, city commissioner whose term exceeds two years who runs for trustee of consolidated school district board resigns from office by operation of article XI, section 11 of the Texas Constitution|City commissioner whose term exceeds two years who runs for trustee of consolidated school district board resigns from office by operation of article XI, section 11 of the Texas Constitution|City officer charged with initiating special elections must act to initiate an election to fill a vacancy so that the vacancy is filled within 120 days

JC-0544
John Cornyn

Budget officer, city council may not delegate to another person mayor's or city manager's statutory authority as|City manager form of government may only be adopted by vote of residents pursuant to statute|Budget officer, city council may not delegate to another city officer or agent mayor's or city manager's statutory authority as

JC-0546
John Cornyn

Police lieutenant whose mother is member of city council, but who had four years continuous service in his position before her election, may be promoted to police chief|City Council member's son with four years continuous service in his position before her election to the council may be promoted to police chief of city

JC-0558
John Cornyn

Merit raise for city commissioner's sibling, whether city commissioner may participate in deliberation regarding|Merit raise for city commissioner's sibling, whether city commissioner may participate in deliberation regarding and whether other city commissioners may vote for|Deliberation

JC-0562
John Cornyn

Precinct chair of a political party is not a public office, and accordingly candidacy for by city official does not trigger resign-to-run provisions of Texas Constitution

JC-0564
John Cornyn

Voluntary resignation from council position, city of Cockrell Hill, as general-law city, may not adopt resolution declaring that dual service as council member and volunteer fire fighter acts as|Volunteer fire fighter, city of Cockrell Hill, as general-law city, may not adopt resolution declaring that city council member may not simultaneously serve as|Volunteer fire fighter, City of Cockrell Hill may not adopt resolution barring simultaneous service of city council member as|Voluntary resignation from city council position, City of Cockrell Hill not authorized to adopt resolution declaring that dual service as council member and volunteer fire fighter acts as a|Dual service as city council member and volunteer fire fighter not permissible unless city council adopts resolution specifically authorizing it|General-law municipality, such as the City of Cockrell Hill, may not adopt resolution declaring that city council member may not simultaneously serve as volunteer fire fighter

JM-1194
Jim Mattox

Salary advances to employees not ordinarily within city's authority

KP-0265
Ken Paxton

Article XVI, section 40 of the Texas Constitution, which prohibits dual office holding in certain circumstances, does not prevent the City of Ranger chief of police from simultaneously serving as city manager.

The common-law doctrine of self-employment incompatibility prohibits one person from holding an office and an employment that the office supervises. Language in the Ranger city charter suggests that the city manager may supervise the chief of police. To the extent that is the case, an individual may not serve in the two separate positions of city manager and chief of police.

If the city commission exercised its authority to combine the roles of city manager and chief of police, the city commission could employ a single 1.ndividual to perform both roles without raising concerns about self-employment incompatibility.