Case Information
*1 i-398 ~' Ray 5;. 1947 RICE DANIEL 'TORNEY GENERAL opinion HO. v-1.84 :
Hods. M; F. Kieke County-Attorney Re: Thi3 effect to be ac-
Lee coiinty -. fflddlags, Texas ootidwd 0u1-hwp~tlsm statute where a *alId
contract is executed withy a teacher; and thwre'is subsequently elected a.sohool trus- ... tee who Is within the .prosoribwd de@88 of rwlatlonshlp.
Dear Sir: .',
You propound to,us the folloW+g quwstl?ns: "I have.~before me for sol&Ion ihe ,qaws- tioti of legality ,6f ttiw following ~s.ltuatlon arIaIn& out of one of 'O~I'C&UU~XI school.dls- trlcts of Lwe CMnty, Teias; It relates .to.the validity Of 8school teachers two year bon- tract, and her contract pay-'under heswmploy- m6nt; Bi%wfly stated? Almwta Robersoa, .a col- ored teacher holding a degree was employed on March 12th 1947 to teach the Doak Springs ~ school for the scholastic period and sohool year of 1947 to 1948-l&r contract wail duly sl&ued &ad ~exwcutwd bg the threw trustees of said dlstriet to i?lt; Thomas Hodge-0.B. Thom- as-George Washington- she had~taught in.sald school for the school.$ear 1946 .to 1947.
"Th6 trustees were In no manner related to Altamwta Robwrson the teacher and were law- fully authorized to &xwoutw thlsootitract, which happened to b&'a'two year contract; Such contract was authorized by the Statute which provides that teachers may be wlectwd'for a term of two years-on April 5, 1947, in'ac- cordancw with law requiring elections for school trustees to be held wwr the State;.~ qne Timothy Robwrson was elected to take the *2 V-184
Hon. M. F. Klekw - Page 2 plaaw of Qeo. Washington, a trustee who was defeated for rw-electlon as trustee for said district;
"Timothy Roberson will assume office on May 1st 1947~as tru&tww. Timothy Robwrson Is the uncle of Altamwta Robe&on's husband, which would make her a relative within the second degree by affinity to the newly wlect- ed trustee Timothy Roberson.
"The Board of Trustees have voted to fla the pay of the teacher at a sum equaling the maxlmum sum fixed by the State Department of Education at Austin, this sum now belsg un- certain until the Legislature completes the law as to base pay-rizral aid-and per capita.
'As the matter now 3tands under the laws of Texas, the teachwr.has a valid contract with a valid Board of trustees who have elected hegoir the year just ahead to teach the
The following questions arw~~ pro-
poundwi to you for clarlflcatlon, to-wit; "Question Nb. 1
After a valid contract Is made by the Boar&of Trustees and the teacher, ana dulg~' signed and executed, does the electorate or voters have the power to destroy ix lnvall--., date a valid contract between the board.and-. the teacher by electing a relative of within the prohibited degree as trustee.
"Question No. o IL
Would tt ie destruction of such aontract be a violation of the Constitution of the United States and State of Texas, Bspwclally Article 1 Section 16 which provides 'no bill of attainder, 8x post facto-law, retroactive law or ANY LAW IMPAIRING THIS OBLIGATION OF CONTRACTS be made.'
'Question No. 3
The NeDOtiSm law only Inhibits an offl- cer from lA?POINTING, VOTtiG FOR OR CORFIRM- IN%' a relative. In thiscase the relative has done none of these thlngs;
Article 435 p~ovldws 'no officer or other person Included within the third prw- ceding article shall approvw~any account etc.'
Hon., M F. Kelkw - Page 3 ~ .:~.~,, ,. .i.,,', .q-184 _ ,..
:; 41.5 !Thw third arti~lw.refarr6a -to s.pec~lfl-: callg relates to any officer whd'Vappoints, votes for or~conflrms*..,~Now since the newly elected trustee did nwithB+of these things, would :I$ be. l&legal f,or $h6 othe~r,..$wo mem- bwrs~ 6f~thw board to approye. the teachwrs~ voucher? ,. ,' "9kektl,on No;. '4 .~ .':~
Would not the teach6r be wntltlwa to,~~'~' the corn nsatlon and contract salary for the year 19 T-1948 for which she was duly eleot- r
ed, and enterwd.into a.contract with a valid and wllglblw board of t'rustews." :., Art,iclw 432 of our~Pwna1 Code Is commonly .>.,. ,aowu aa +hw~-"anti-nepotism statutw.~ It Is as follows:
: j "I&officer of this State. or any offl- cer'of tiny district,-,county, city, precinct, school district, or other municipal subdi-, vision of this State, or any officer or mwm- ber of,any State, alstrl.ct, county, city, school district, or other municipal board, or.jixdgw.of any court)~.orwatwd by or ~undwr . authority ;o.fSany 'gwnwrar.or specl+l law of this State, ~or.any mwmbwr~ of the Lwglsla- ture, sball~~inppdlnt, or vote for or confirm the appointment to any office, position, clerkship, employment or duty, of any per- son related wlthln the second degree by af- finity or within the third degree by con- sanguinity to the person so appointing or so voting, or to any other member of any such h&rd, the Legislature, or court of' which such person so appointing or voting, may be a member, when the salary, fees, or compwnsatlon of such appointee Is to be paid for, directly or~inairectly, out of or from publlc'f%ndSor fees of .offlce of any kind or character whatgowver."
You are respectfully advised that the election of the school trustee who Is related within the prohlb- ltea degree to the teacher who had been previously wm- ployed for the year 1947-1948,,would notoperate retro- actively to void the contract.
We hand you herewith copy of Opinion No. O-6330 rendered by this department January 25, 1945, which Is ln
Hon. M. F. Kelke - Page 4
line with our holding herein.
The election bf a~trustew to a board of school trustees, irho Is related to a teacher of such school having a valid wXlstlng con- tract with the board, does not make vald suoh contract under Artlale 432 of the Peas1 Code.
Yours very truly ATTORIiEXGRNERALOFTRXAS BY
Assistant 0S:wb:jt
ATTORNEYGENEXAL