Case Information
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November 6, Opinion No.+Pl-1239 Honorable George Pierce Chairman Re: Authority of a home rule
Urban Affairs Committee Texas House of Representatives city to replace its appointed representative to the board P. 0. Box 2910 Austin, Texas 78768-2910 of directors of a special
district (RQ-2132) Dear Representative Pierce:
You have requested our opinion regarding the authority of the city of Garland to remove one of its appointed representatives to the board of directors of the North Texas _. Municipal Water District.
The district was created in 1951 by special law: pacts 1951, 52d Leg., ch. 62, at 96. The district originally contained ten member cities, but you indicate that it now consists of eleven. Id. 5 2. Section 3(a) provides, "all powers of the District shall be exercised by a board of directors," whose members are "appointed by majority vote.of the governing body of each of the cities contained in the 111 Section 3(a) also declares, "each director shall serve for his term of office as herein provided, and thereafter until his successor shall be appointed and qualified." Each director serves a two-year term. Id.
5 3(a).
Recently, the city council of Garland asked one of its two representatives to resign. When he refused to do so, the council purported to terminate his appointment and named a successor to the position. The original representative, however, continues to refuse to relinquish his position on the board, and contends that~.Goethe city council is without authority to remov%him. The city argues that~ its charter furnishes the council with sufficient authority to remove the director.
1. city of. more than 5,000 population, like Garland, is entitled to two members on the board of
’ , Honorable George Pierce - Page 2 (JR-1229)
Article IV of the charter of the city of Garland provides, in part:
Sec. 1. Powers of the Council.
All powers of the City and the determination of all matters of policy shall be vested in the Council. Without limitation the special and general powers granted or delegated to the City by the Constitution, statutes or the Charter, the Council shall have power to:
(A) Appoint the City Wanager, City Secretary
and City Attorney pursuant to terms and conditions deemed appropriate by the City Council. Appoint the City Judge for a definite term not to exceed one (1) year, provided no Councilmember shall receive any such appointment during or within one (1) year of the expiration of the term for which he shall have been elected:
(B) 'Establish other administrative
departments and distribute the work of divisions:
. . . .
(F) Appoint the members of the Zoning Board
of Adjustment, City Plan Commission and all other boards and commissions serving the City;
. . . .
Sec. 2. Removal of appointive officials.
The Council may, upon the affirmative vote of five (5) members, remove its appointive officers without notice. of
board or commission shall not be remov"ei' except for incompetency or misconduct i; office.
*3 Section 2 of article IV authorizes the council to "remove its appointive officers without notice.w In our opinion, the city#s representative on the board of directors of the North Texas Municipal Water District is not the kind [1] ;t Honorable George Pierce - Page 3 (J&1239)
of officer to which the charter refers. Section 1 of article IV specifically refers only to officers of the g&y.
We believe it is clear that a member of the board of direc- tors of the district is an officer the astrict, who happens merely to be m by the city council.
Even if we were to deem a of the board of directors an officer of the city, section 2 of article IV provides that 'Ia member of any board or commission shall not be removed, except for incompetency or misconduct in office." The city council has not in this instance made any finding of incompetency or misconduct in office: indeed, it has not even made such an allegation. We must conclude that, by the very terms of its charter, the city of Garland has failed to take any action that would have the effect of removing its representative on the district board of
SUMMARY \ The city council of Garland, Texas, lacks
authority under its charter to remove its appointive representatives on the board of directors of the North Texas Municipal Water
JIM MATTOX General of Texas Attorney MARY KELLER
First Assistant Attorney General
mu MCCREARY Executive Assistant Attorney
General JUDGE ZOLLIE STEARLJIY
Special Assistant Attorney General
RENEA HICKS
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Rick Gilpin
Assistant Attorney General