Saturday, November 8, 2014

This is from an old AG Opinion Luis Saenz sought the first time he was District Attorney.  The problem with the opinion is the remedy is not clear.

Article XVI, section 40 of the Texas Constitution bars a teacher employed by Texas State Technical College from serving as a city commissioner if he or she receives a salary from the city for doing so.

Section 40 does not preclude such a state employee from serving as a city commissioner if he or she renounces the salary. A city commissioner who accepts a position of employment with the state
does not automatically forfeit his or her position, and may continue in both positions, if he or she renounces the salary, and the monies the city commissioner receives as expenses do not exceed the actual expenses he or she incurs."
Does anyone know if she has renounced her meeting stipend?
"b)  State employees or other individuals who receive all or part of their compensation either directly or indirectly from funds of the State of Texas and who are not State officers, shall not be barred from serving as members of the governing bodies of school districts, cities, towns, or other local governmental districts.  Such State employees or other individuals may not receive a salary for serving as members of such governing bodies, except that:

This just further shows Mark Sossi's willingness to tell the city commission whatever Tony Martinez tells him to say.

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