Office of the Attorney General
State of Texas

January 9, 1989

Mr. Gary James
c/o City Hall
213 East Blackjack
Dublin, Texas 76446

Letter Opinion No. 89-002

Dear Mr. James:

You ask about the legality of one person holding both the position of city manager and the position of chief of police for the same city. The common law doctrine of incompatibility prohibits one person from occupying two positions when the holder of one position may impose its policies on the holder of the other or subject him to control in some way. Attorney General Opinions JM-133, JM-129 (1984). If the city charter of Dublin gives the city manager authority to supervise the police chief, the doctrine of incompatibility would prevent one person from holding both positions since otherwise the city manager would be in the position of supervising himself.

      Very truly yours,

      Sarah Woelk
      Assistant Attorney General
      Opinion Committee

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