Opinion No.
Background
- El Paso County created a county ethics commission under Local Government Code ch. 161.
- The Commission processes complaints alleging ethics violations under §161.155(a).
- A standing preliminary review committee must review complaints for form and jurisdiction under §161.158(b)-(c).
- Section 161.1551 governs the standing committee's composition and rotation; the review officer is chosen by the commission.
- Section 161.1551(b) requires two commission members on the standing committee and requires the review officer to be a practicing attorney or former judge.
- The County sought to add a third commission member as the review officer and asked if this is permissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Commission member may serve as the review officer. | Bernal argues two commission members must serve; third member may also be a Commission member. | Abbott interprets statute as excluding a third Commission member from serving as review officer to preserve rotation. | No; a Commission member may not serve as the review officer. |
Key Cases Cited
- R.R. Comm'n of Tex. v. Citizens for a Safe Future Clean Water, 336 S.W.3d 619 (Tex. 2011) (aids in interpreting legislative intent from plain text and full act)
- Mid-Century Ins. Co. of Tex. v. Kidd, 997 S.W.2d 265 (Tex. 1999) (inclusion signals intent to exclude others under the statute)
- Ehlinger v. Clark, 8 S.W.2d 666 (Tex. 1928) (incompatibility doctrine; public officer cannot appointee from same body)