November 2,1972

non. Bill McCoy Opinion No. M- 1259 CountyAttorney BctorCounty R0: Does a conflict of interest Odessa,Texas 79760 exist for an Ector County Commissionerwhen his private accounting firm is hired by the 17-county Permian Basin Regional Planning Commission DearMr. McCoyr of which his county ir a member?

You request our opinion as to the possibilities of violationsof the Cosuniseioner's oath underArticle 2340,Vernon's Civil Statutes,due to an alleged conflict of interest reaulting from the hiring of a firm in which an Ector County commissioner has an interestby the Permian Basin Regional Planning Comnission.

The facts aa outlined in your request are: Ector County is a member of Permian Basin RegionalPlanning Commission,organized pursuant to Article lOllm,Vernon's Civil Statutes. The governing body of the Planning Commission ismade up of the county judges of the member counties. Yearly membershipdues are paid by Ector County as well as all other governmentalmembers,. which funds, alongwith matching state and federal funds constitute the annual operatingbudget of the Planning Cosunission. Subsequent to the vote of the commissioner in question, along with all other members of Ector County Commissioners Court, for entry into the PlanningCommission and the appointment by the court of the County Judge to the governing body, the Planning Commission hired a private accounting firm, inwhich the Ector County Coannissioner has an interest, to perform somework for the Planning Commission.

Article 2340 provides for not only the official oath of office for county commissioners, but also a written oath concerning potential conflicts of interestwith his public responsibilities as follows:

I

. . . each Commissioner shall take the official oath, and shall also take a written oath that he will not be directly or indirectly

-6170-Hon. Bill McCoy, page 2 (M-1259)

interested in any contractwith, or claim against, the county inwhich he resides,except suchwarrants as may issue to him as fees of office. Each Commissioner shall execute a bond to be approvedby the County Judge in the sum of three thousanddollars, payable to the County Treasurer, conditioned for the faithful performance of the duties of his office, that he will pay over to his county all moneys illegallypaid to him out of county funds, as voluntarypayments or otherwise, and that he will not vote or give his consent to pay out county funds except for lawful purposes."
From the facts and comments in your letter,we hold that no conflictwith this Article exists in this situation. The contract of employment inwhich this Commissionerhas an interest is not with the county and any potential claimwould necessarilybe against the PlanningCommission and not the county. It is presumed that no member county retains any regulatory or veto power on the use of that county'smembership dues paid into the Planning Commission's operating fund save the vote Commission's governing body. of the county judge on the

All public officers or employees, includingcounty corunis. sioners, are subject to the code of ethics as codified in Article 6252-9 of Veron's Civil Statutes. in Section 1 of said Code is: The public policy as contained

"It is hereby.declared to be the policy of the Legislatureof the State of Texas that no Member of the Legislature, legislativeemployee, elected State official, appointed State official, employee of a State agency, or any person who has an office of honor or trust in the State of Texas or any of its political subdivisions shallhave any interest, financially or otherwise, directly or beneficially, or engage in any business transaction or professional activity or incur any obligation of any nature which is in substantial conflict with the proper discharge of his duties in the public interest.

. . .*

-6171-Hon. Bill McCoy, page 3 (M-1259)

It is the very.purpose of this ethics code, as well as others, to avoid any possibility of conflicting interests,duties, pecuniaryinterests or conflictswith the public interest and so makes it the public policy of the State.

From the facts given (i.e.the commissioner is not required to take a position contrary to the interestsof the county), it is our opinion that no actual or potential conflicts are presented by the employment of the commissioner'saccounting firm by the Permian BasinRegionalPlanning Commissionwhich could be construed as a violationof the provisions or policies of Article 6252-9 or public policy. i SUMMARY

The Commissioner in question has not violated his oath as contained inArticle 2340,V.C.S., by the employment of his accounting firm by the:Commission. The hiring of the private accounting firm of this commissioner by the Permian Basin Regional Planning Commission presentsno conflict~of interest under Article 6252-9,V.C.S. Yofi very truly,

Preparedby Harry C. Green AssistantAttorney General
KernsTaylor, Chairman w.E. Allen, Co-Chairman AustinBray BenHarrison GeraldIvey sigAronson SAMUELD. MCDANIEL StaffLegalAssistant
ALFREDWALKER ExecutiveAssistant
KOLAWHITE FirstAssistant -6172-