Hon. T. M.Trlmble Opinion No. O-4670

First Assistant State Super- R~I Employment of school lntendent of Pub110 supervisor by county superInstruction lntendent Austin, Texas Dear Sir! Wehave received your letter ofrecent date ln which you ask the opinion of this department whether acounty superintendent mayemploy as “Rural Supervisor” aperson who 1s his first cousin. Weassume that you have reference to the employment of a supervisor under Article 2700.1, VernonDs Annotated Civil Statutes (Acts 1941, 47th Leg., H.B. 364)

Section 2of Article 2700.1 provides as follows:

“Section 2o The County Superintendent of Public Instruction may, with the approval of the County Board ofEducatfon, employ one or more school supervfsors to assist in planning 9outlining 9and supervlslng the work of the ?ublic Free Schools in the county which is under the supervision of the County Superintendent of Public Instructfon. Said supervlsor or supervisors shall at all times work under the supervision and direction of the County Superintendent of Public Instructfon, as other assistants are required to doi and must have evldence of proficiency fn rural schoo supervlsion and must bethe holder of at least aBachelor of Science Degree or higher. Such supervisor or supervisors may receive a salary of not to -exceed TwoThousand Dollars ($2,000) per annum, to bepaid out of the same funds and in the same manner as that ofthe County Superfntendent of Public Instruction and other assistants.” Article 4329 Vernon’s Annotated Penal Code, reads as follows: “Noofficer of this State or any officer of any district, county, city, precinct, school district, or other municipal subdivision of this State, or any officer or mem,berof any State, district) county, city, school di.strict or other municipal board, or judge ofHon. T. M.Trlmble, page 2 (O-4670)

any court, created by or under authorf.ty of any general or special law ofthis State or any member of the Legislature, shall appoln? or vote for or oonflrm the appointment to any OSfioe, poeltion: clerkship, employment or duty, of any person related within the eeoond degree by affinity or within the third degree by consanguinity to the person so appolntlng or sovoting, or to any other member of any such board, the Legislature, or court ofwhich such person so appointing or voting maybe amember, when the salary, fees, or compensation of such appointee is to be paid for, directly or indirectly, out of or from public funds or fees of office of any kind or character whatsoever. Acts 1915, po 149.” Acts 1909, p* 85,

Wesee that under Section 2of Article 2700.1 the county superintendent mayemploy supervisors with the approval of the county board. While such approval is required bythe article, nevertheless the actual authority of appointment or employment is vested in the county superintendent.

Wealso see that a salary 1s provlded for such supervisors, payable out of public funds. 432, supra, The provlslons of Article

are therefore applicable to the employment of such supervisors bythe county superintendent.

First cousins are related in the second degree by consanguinity. Youare, therefore, advised that the employment by acounty superintendent of hfs first cousin as school supervisor is prohibited bythe nepotism laws of thls State. It follows that your question Is answered in the negative. Very truly yours, ATTOBNEY

GENERAL

OFTEXAS By/s/ George W.Sparks George W.Sparks, Assistant
APPROVEDJUL14, 1942 /s/ Gerald C.Mann ATTORNEY

GENEiALOFTEXAS
APPROVED:OPINION COMMITTEE BY: BWB,CHAIRMAN GWS: ba:wb