Under ths pX’CW1SiCSl8 of Articles of the Penal Code, no oiflcer of the State rmr any munialpal llOF 6IIJ’ OffiCW OX’ lWBbtW Of rnJT i%&O SUbdiV5S1Oll thfWlOf, or munlc;ipal boaFd 8hall appalnt, or vote or aonflna for, th8 appointment to any office for employment of asy per8on related vlthln uerbein specified dsgress to him or to xuy other member or such board, vhero tha cae(ywnaxtion of 8uoh percron is to be p&d out of public fund6 or feea of offloe or any kind vhatroevel?. Evasion by traa and ci nspotlsm approval of account8 or the dmvlng OS vmmnts to pay the ampwaaetlon of imy 5.nellglbla oflker or par8on a*~ aL80 provide8 al80 dealt with. ‘the 8trtUte for the ~8hmsnt of Ury pSl'8OIl VhO ViObtiB8 8ng Of it8 pl'%Wifli~.

Article w79, Vernon'8 Annotated ClvSl Statute8,

authorTxe8 the cam&881sloner89 court to eppoSnt 8FX mxidurt propwty taxpay* ul.t1rAm8 of the aounty vho 8h&. aoMti- tU8e b. board at mQJC8 Of t.he OOUnty ho8pitril, AZ'ti8le 4480, V@~XWSI'S klW%Otited Civil Statut;er, xlxong OthOr thill@~, board OfBBumge4F8 eh8lleleetrroa!lamong provldos that”th0 it8 IW&XW~ a president and ona or more Vi~Oe-prf3Uid~t8 adl a 8earetary and a tre8murer. It shall ap?ofnt a supwi.nten- de%s~ ;Ef't&e hospltel who shall hol? oSSlee et tha plea8ure of

Ssld 8~perintem-¶ent 8~1~11 not be a m&bet Of the board and &all be x quxllf'led prwtltlonor of mediieor~ rpeeially trxlned f'cr work of mmh character.... fB81ElFiC8 Of th9 ~l'titW&Ult

8htlll fiX ths 8Iid fdl OthW Offi- uere and employeesvith.Snthellmlto~tha appropriationasdb thfawfor by the 00~!nuX881oxm~8~ OOtU’t, arpd SUCh SaltWit Shalr. be ooqmmntbn in ful: fOl’ Cdl 8fJX’ViCW CBIldWl?d...r ThPhe boerd ahxllhmw the general ggsnt and oontml oi Paid hospital, grounds, bulldings, elf aers xnd employee8 themoff PplJBp

for the lmxtes therein mid of all rtter8 relating to the g?vernment, ditcipllne, oontFaOt8, and phymical L3oxLoeHMJ the~8of) and make 8uoh rulea end rsgulatlon8 a8 may s4ex! to th8BIHxwae~aery for oarrylng out the purposle of such ho8pital . . . .

Honorable E.Y. Cunningham, Page 3

Article Vernon's Annotated Civil Statutes, provide8 in pert that:

"'fhe auperlntendent shall be the chief exe- cutive officer of the hospital, but shall at all times be eubjeet to the by-lava, rules and regu- lations thereof, and to the power8 of the board of malaagelw.

" . . ..He shall, vlth the consent of the board of m&era, appoint such resident offi- oere and such employees as he may think proper and necernary for the efflalant performanoe of the buelneae of the hoapltal and prescribe their dutie8t end for oause rtsted ln rrltlng he may dlsoharge any suoh officer, en@oyee at Ns dlsoretion, after giving suah officer or em- ployee an opportunity to be heard...." It will be noted that under the above mentioned statutes the board of managers ah811 fix the ealarles of the superintendent and all other officer8 and employees vlth- in the litit of the approprlatlon made therefor by the eommie- (lionore' court and that the superintendent of the hoapltal oan appoint or employ euclh resident offlcera and employee8 ae he may think proper end neoe8,srry for the efficrient per- formanoe of the buelness of the hoepltal and prescribe their duties when sating with the consent of the board of managece.

In view of the above stated facts and the foregoltng statutee, you are reepectful3.y advised that it Is the opinion of this department that Mise Coxsy say not be legally employed by the hospital long as Hr. Moore,la a member of its board. The resignation of Mr. Moore, or the discharge of His5 Eoxey, would be a proper proaedure to dear up the matter. The faot that Hr. Moore, as s member of the board, has nut participated la the employment of Was Coxey OF in the dieausslona or vot- ing vhen the question of salary h&a been before the board vlth reference to her does not alter or change the situation. In this aonnectlon, ve direct your attention to the case of Fsirlesa v. Cemeron County Water Improvement Mstrict Ho. 1, *4 wonorable E.I. Cunn(, Page 4 8W 26 wherein it Is aaid:

"The employment of appellant was a plain violation of the nepotism lev, sad he has no aause to complain because of his dlschatge by the board of directors, who, upon learning that they were acting oontrsry to lav, promptly dls- charged him end relieved themselves of any charge of willful dlsobedlenoe to the Law." In thlo aonneotion, ve want to point out that if it la the desire of the board of managers to employ Mles Ooxey it would be necessary for HF. Moore to resign his position as 8 member of the board and after his resignation, the board Gould legally employ Miss Coxey.

Trusting that the foregoing fully answers your in- quiry, ve aI%

Ardell Williams Assistant