Untitled Texas Attorney General Opinion
GA-0898
| Tex. Att'y Gen. | Jul 2, 2011Background
- El Paso County Ethics Commission was created under Local Government Code ch. 161 by the County Commissioners Court.
- Section 161.1551 governs the standing preliminary review committee that processes ethics complaints for form/jurisdictional compliance.
- The standing committee consists of two Commission members and a review officer; the review officer must be a practicing attorney or former judge.
- The El Paso request asked whether a Commission member may serve as the review officer if that member is an attorney or former judge.
- The Texas Attorney General concludes that a Commission member may not serve as the review officer due to statutory rotation and potential incompatibility concerns.
- The opinion cites statutory language and public-law principles to support the conclusion and discusses incompatibility doctrine as supplemental rationale.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a Commission member serve as the review officer on the standing committee? | Bernal suggested the third member could be a Commission member. | statute contemplates two Commission members plus a non-Commission third member and requires rotation. | No; Commission member cannot serve as review officer. |
Key Cases Cited
- Ehlinger v. Clark, 8 S.W.2d 666 (Tex. 1928) (incompatibility concerns prevent dual public offices)
- R.R. Comm'n v. Citizens for a Safe Future & Clean Water, 336 S.W.3d 619 (Tex. 2011) (determine legislative intent from whole act)
- Mid-Century Ins. Co. of Tex. v. Kidd, 997 S.W.2d 265 (Tex. 1999) (maxim excluding others when one is included)
- Tex. Att'y Gen. Op. No. GA-0826, 2010 (Tex. Att'y Gen.) (incompatibility doctrine for public offices)
- Parker v. 20801, Inc., 249 S.W.3d 392 (Tex. 2008) (consideration of legislative intent and act context)