THEATTORNEY GENERAL 

PRICE DANIEL 

ATTORNEY GENERAL 

WY 31, 1949 

Hon. Tom MoLeroy 

County Attorney 

Shelby Codnty 

Center, Texas 

Dear Sir: 

Opfnion IlO! V-833 

He: Applicability of’ the 

anti-nepotism rbtetutos to tkm appolntment of a policemm 

by the City Counoif 

of 6 @it9 inoorporrted 

under Title 28, Chaptern 140, V.C.S. 

You have requcbe+te& an Irptnlan oD & flouaCLon 

which, in subkitanoe, is 8~6 follows: 

Is the City Oooa 

28 

11 

porated under Tltll 

of a city iw~- 

Chsptsre l-10, Q.i?.;s., 

prohIbIted by ths uv&upot:iiun p~ovfsiaos 

of V .P .C a ,from appoiablad; a brother of a 

mtmber of the c~ouadil bs, the #ffi~ of city 

polioemad, who will. 8180 cot as oLtg eoave~cc, 

anu comptsnaate hllr fW hfs eervldee Erom pubala 

funde of the olty end fees of offioe? 

A cl 

3 

Incorporated tier tW Siwt WkI obapters of title 2 , V.C.S., may provfda bg or6iwrio4 for 

the ap ointment of its police offloers. 

7 

art. 99, 

V.C.S. Aseumlng in the in&ant ease that the citg 

council has passed such an ordinance, the oounoll may 

impose upon a policemau the added drXties of city 

scavenger. (Apt. 1002, V.C.S.) APtfcrle 998 provl@Ies 

such police officers “shall receive a, salarg or fees 

of office, or both, as shall ba flxed bs the city 

council .” 

Article 432, VePQC., re@bss 

‘I100 0ffPcek of %hSs &ate Or any officer 

of any district, county, city, reefnot, school 

dlstrfct ) or other munleipal au i? division of 

this State, or any offfee~ of member, 0% any 

State, district, countyj city> school dlstMct 

or other munfcipal board, or judge 0% sag OoutiP 

created by or under auP;borlty of %~y genePa 0~ 

. . 
Hon. Tom MeLeroy, page 2 iv-8331 

speefal Paw 0% this State, or any member of 

the Legislature, shall appoint, or vote for, 

or conffrm the appointment to any office, 

posltlon, clerkship, employment OP duty, of 

any person related within the second degree 

by afffnf%g or wfthin &he third degree by 

consanguinity to the person so erppoln%fng 

OF so voting, or to any o&her member of any 

such board, %&he Legfslatore, or cotit OS 

which such persOn 80 appoln%ing op voting 

may be a member, when %he .salary, Sees, or 

compensstfon of such s.ppoin%ee is %o be pafd 

for, directly or fndi%ee%lg, out OS OF from 

publfe funds or Sees of odfiee OS any kl~nd 

or character whetsoever .* 

Article 433> V.P,C, 9 speei%ieallg provides 

that the provlsfons of this law (I@%$. 432 ttiough 

437, V.P.C.) shall apply to and include mayors, oommissioners, recordden‘s, and aldermen of fnoorporated 

cltiee and towns. 

Articles 435 and 437, V.P,C-, read respeetlvely as follows: 

Ar6. 435. “No o%fioer OP other person 

Ineluded wf%hfn the third pkecedlng &%fole 

shall approve sny aoooun% OP draw op author 

lze the 5sawfng of as-q warrant OF order tb 

pay any salary, See or compenee.%lon of such 

fnellgible of%icer QP” pepsoD, knowing him 

to be so fnelfgfble.” 

Art. 437. “Whoeve violates any provlalon of %he ffive preceding Ap%foles shs.Pl 

be guilty of a misdemeanor involving of’ffelal 

misconduct, md shall be Slned not less %hm 

One Hundred nor lhoFe &ham ODe Thousand Dollars.” 

Artlole 5906, V,C.S., fn part, provides: 

“WboeveF violates e,ny provision of the 

Penal Code relating to nepotism and the fnhlblted acts connected therewith shall be 

removed from hfs okifeej elerPkshipL employment or duty, as therein provided. 

, 
Hon. Tom McLeroy, page 3 (‘J-833) 

These and other statutes evidence the meticulous care taken by the Legislature to prohibit public officers of this State, including mayors e,nd eldermen of cfties, from eppolntfng their near relatives 

to public office or employing them fn any other public 

capacity, when their compensetfon Pa to be pald, directly or Indirectly, out of public funds or fees of offlce 

of eng kind or character whatsoever. 

A policemen of a city Is a public offfcer. 

uparte Preston, 72 Tex. Crfm. 77, 161 S.W. 115 (1913); -- 

Yett v. Coo~lg Tex. 205, 281 S.W. 837 (1926). The 

mi6itions set forth in Article 432 BDD~Y to mayors 

end aldermen of cftfes Incorporated under-Tftle $8, 

Chapters l-10, V.C.S. Brothers are related to eech~ 

other with the first degree of consanguinity, and, as 

stated by you, come within the prohibited degree of 

relationship deflzned In Article 432. The brother of 

an alderman, If appointed to the office of city policemen by the city council, wlll.be compensated for his 

services from public funds end fees of office. 

In view of the facts recited and the plain 

provisions of the statutes cited, it Is the opinion 

of this office that such en appointment cannot lawfully be made. 

SUMMARY 

---- 

The city council of e cltr fncopporeted under Title 28, Chapters l-10, V,C.S., 

cannot lawfully appoint a brother of en 

alderman of the city to the office of oitg 

polioemen and compensate him for his services from public funds of the city or fees 

of office of any kind or character whatsoever. Arts. 432-437, V,P.C.; Art. 5906, 

V.C.S. 

Very truly yours 

RPROVEDt A 

ATTORNEY 6EfU3AT. OP TEXAS 

Assietant 

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