Texas Attorney General Opinion: GA-0688 Page: 2 of 3
3 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
The Honorable Jeff Wentworth - Page 2 (GA-0688)
In order for conflicting loyalties incompatibility to apply, however, both positions must
constitute "offices." See Thomas, 290 S.W. at 153 (concluding that the "offices of school trustee and
alderman are incompatible"); see also Tex. Att'y Gen. Op. No. GA-0393 (2006) at 2-3 ("The clear
message of Thomas is that, in order for conflicting loyalties incompatibility to be applicable to
a particular situation, each position must constitute an 'office."'). The decisive factor which
distinguishes an officer from an employee, as explained by the Texas Supreme Court in Aldine
Independent School District v. Standley, is "whether any sovereign function of the government is
conferred upon the individual to be exercised by him for the benefit of the public largely independent
of the control of others." 280 S.W.2d 578, 583 (Tex. 1955)2 (quoting Dunbar v. Brazoria County,
224 S.W.2d 738, 740-41 (Tex. Civ. App.-Galveston 1949, writ ref'd)).
Relying on the Aldine rationale, this office has opined that, in general, an individual whose
actions are subject to the control of others is not an "officer." See Tex. Att'y Gen. Op. No. GA-0538
(2007) at 2. In particular, this office in Attorney General Opinion GA-0393 advised that a city chief
of police-who by statute served at the pleasure of the city's governing body-was "an employee
rather than an officer" because "[h]is actions are subject to control and his employment may be
terminated at will by the governing body." Tex. Att'y Gen. Op. No. GA-0393 (2006) at 3-4.
Accordingly, the opinion concluded that the particular individual was not prohibited by conflicting
loyalties incompatibility from simultaneously serving as a member of the board of trustees of an
independent school district located within the geographical limits of city. Id. at 4.
Based on the statutory provisions applicable to an independent school district, a school
district police chief s actions are subject to the control of the district's board of trustees and school
superintendent. The authority to govern and manage an independent school district is vested in its
board of trustees. TEX. EDuc. CODE ANN. 11.051(a)(1), .151(b) (Vernon 2006 & Supp. 2008).
A school district police chief is employed by the board of trustees. See id. 37.081(a) (Vernon
2006) (authorizing board of trustees to "employ security personnel" and "commission peace
officers"). The police chief performs the duties for the school district as determined by the board
of trustees. See id. 37.081(d) (providing that "district peace officer shall perform administrative
and law enforcement duties" as determined by the board). Moreover, the police chief is "accountable
to the superintendent" and reports "to the superintendent," who in turn is employed by and reports
to the board of trustees. Id. 37.081(f); see also id. 11.201(a)-(b) (Vernon Supp. 2008)
(authorizing board of trustees to employ a school superintendent, who is "the educational leader and
chief executive officer of the school district"); Pena v. Rio Grande City Consol. Indep. Sch. Dist.,
616 S.W.2d 658, 660 (Tex. App.-Eastland 1981, no writ) (concluding that a school superintendent
is an employee or agent of the board of trustees and not an officer for the purposes of nepotism
statutes). Under these provisions, the police chief is subject to the control of others-the school
superintendent and the board of trustees-and cannot be said to exercise authority "largely
independent of the control of others." He is thus an employee rather than an "officer" under the
standard established by Aldine and followed by this office. Consequently, the police chief position
is not an "office" to which the conflicting loyalties incompatibility doctrine applies.
2Disapprovedsub nom on other grounds by Nat'l Sur. Corp. v. FriendswoodIndep. Sch. Dist., 433 S.W.2d 690
(Tex. 1968).
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0688, text, January 6, 2009; (https://texashistory.unt.edu/ark:/67531/metapth275584/m1/2/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.