Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN QROVER SELLERS ATTORNEYGENLRAL
Honorable A. T. Dribble
county Rttorney
Lmls County
Goldthwelte, Tams
Dear Sir:
Re: ahether napotism”~~qtatute (Art. 432 P.C:i ls%vlolated .~4ilbn trustee o?~oomikm >-’ school dla trlot oontinuee ,r /‘S ,,&A selP,ve on board arter tes,uher, who has taught .;’ 4:; *i.*, -1 ssvetal months under con- .tr&t’ with Board, marries ‘Ti said trustee’s flrat oousln Y--Y ,/ “I*
Re era ;& rs&&t& questing the o lnlon’of this departmeat on the ebove stated matter. Your P etbar, In per*, reeds as follows: i
*., ^‘\ ,“lAt the beginning of the sohool year the trustees aa a- common school dlatrlot in good falth, ln the district. employed a young lady to teach school hfter ,t&e aonbrdotwas made+.~approved, end the teacher had ,taUsht several months, the teacher marries e first .poualn (by”~conasngulnlty) ot a member of ths school Kay the ‘ltrustee who beoaue so related to the -rd. teeohex~ lawfully continue to serve on the school boa
Vernon’s Annotated Fens1 Code, reads, in part, es follows:
%o ofrlaer this State or any orrlcsr any 0r shall appoint; or vote . school dlstrlot SoG,‘or oonrlrm the appoinL& to any 0rri0e, position, clerkship, employment or duty, of any person relstsd *2 Zonorsble A. T. blbble, Page 2
within the second degree by arflnlty or within the third degree by oonsaagulnfty to the person 80 ep- &'Ointill~ or so voting, or to any other member oi any such boerd, . . . . or whloh such person so appointing or voting my be a nembar, when the salary, rats, or cospensatlon of such appointee is to be paid for, directly or indirectly, out or or from pub110 runda or reea orrice or any kind or chareoter whatsoever , , F v Article 433, Vernon’s Anrotated Penal Code, reads, in part,. ea/rollowe:
The inhibitions set forth ln this law shall apply to and Include . i . . . members of any and all .. Boards . . eatabllshed by or under the authority oi any general or special law of thle State . . . . membera or school boerda of lacorporeted oltles and towns, publio school trustees . , . . .(I Heretotore, thia departient has passed on questions sixllsr to that raised by your inquiry. In opinion No. 0-667 thie d6PRrtm6nt hold that Axtlcle 432 of the Penal Code was satisfied when the prohlblted degree or relationship between a teacher and trustee did not exist at the time the eostraot was wde, and that a contraot would not become void by a changed relntionshlp between the trustee and teacher after Said contraot waa made.
Prom the facts stated it la apper- in your letter, ent that the prohibited degree of relstlohshlp between the teacher and trustee did not exist et the tlse the teaching contreat was made. It la therefore the oplnlon of this da- psrtment, that the teaoher may oonplate the term of the present contract without the resignation of ahid trustee, since the Prohibited degree of relationship did not exist at the time However, It la our of the employment sunder the contreot. opinion that Artlcles @2-433, P.C ., would be violated should the board of trustees and said teacher make a new oontraot when said trustee, who is a first couslh ot the teaoher’a husband, Is a member of the board of trustees, for the pro- klblted degree of relationship (second degree by efffnftY) would exist at the tiam of the employment of said tescher under such new contract. I-.
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1 .1
anorable .i. T. Frlbble, Fagc
.i.v &I austing that ths toregoing ruiiy h11awers pour >ff -mquiry , we axe r<
Yours very truly :
: ATTORNEY G!tNERAL OF TEXAS
BY
JA.Z:ddt
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