Incompatibility Of Offices
Summaries
Ken Paxton
An individual may not simultaneously serve as Forest Hill city council member and Forest Hill library district trustee when the city and the library district have taxation authority in overlapping territories|Forest Hill library district trustee may not simultaneously serve as Forest Hill city council member when the city and the library district have taxation authority in overlapping territories|Individual may not simultaneously serve as Forest Hill city council member and Forest Hill library district trustee when the city and library district have overlapping taxation authority|Because the City of Forest Hill and the Forest Hill Library District have overlapping taxation authority, an individual may not simultaneously serve as city council member and library district trustee|Forest Hill Library District and City of Forest Hill have overlapping taxation authority; thus, an individual may not simultaneously serve as city council member and library district trustee|In qualifying for the second office of library district trustee, the individual effectively resigned from the office of city council
Ken Paxton
Article XVI, section 40 of the Texas Constitution, which prohibits dual office holding in certain circumstances, does not prevent the City of Ranger chief of police from simultaneously serving as city manager.
The common-law doctrine of self-employment incompatibility prohibits one person from holding an office and an employment that the office supervises. Language in the Ranger city charter suggests that the city manager may supervise the chief of police. To the extent that is the case, an individual may not serve in the two separate positions of city manager and chief of police.
If the city commission exercised its authority to combine the roles of city manager and chief of police, the city commission could employ a single 1.ndividual to perform both roles without raising concerns about self-employment incompatibility.
Ken Paxton
Deputy sheriff not officer and not precluded from simultaneously serving as city councilmember
Ken Paxton
Application of Texas Constitution article XVI, section 40 and the common-law doctrine of incompatibility to simultaneous service as county sheriff and municipal fire marshal
Ken Paxton
The common-law doctrine of incompatibility bars a councilmember of the City of Freeport from simultaneously serving as a member of the City’s police reserve force.