Dr. J.W. Edgar

Commissioner ofEducation Texas Education Agency 201East 11th Street Austin, Texas 78701

Dear Dr. Edgar: Opinion No. M-987
Re: Authority of a school district to grant to a school board member permission toprwide ambulance service at school football games, and related question.
Your recent letter requesting the opinion of this office concerning the referenced matter states, inpart, as follows: "Until 1963, X funeral home, then the only one inWest Independent School District, was permitted tohave available an ambulance to serve as needed at home football games inWest. Since 1963,when Y funeral home opened inWest, either x orY has been permitted on an alternate games basis tohave its ambulance present at localWest high school football games. West school district never has directly paid for ambulance services rendered its athletes. . . . "InApril, 1911, the owner-operator ofX funeral home was elected a trustee on theWest school board: he desires to continue in the performance of ambulance services under the alternate game practice basis. Indeed, he offerswhile a trustee to so provide such service without a charge to anyone: the school, the insurance company, the parent, or the injured student. The owner-operator ofY home protests the acceptance or granting of the proposed offer asbeing illegal.

-4812-Dr. J.W. Edgar. page 2 (M-987)

"TheBoard of Trustees of theWest Independent School District has urged that a request for an Attorney General's opinion be submitted on the following questions:

"1s Legally, may an independent school district board grant to a member of its school board, operator of a funeral home, . . .permission tohave present and provide ambulance services as may be needed at its local school football games --at no cost to the school, the insurance company, the parent of and/or the student injured inthe activity, where competitive services are available and protest in the community?

II

. . . . "Foryears prior to 1970, the local Ford dealership inWest hasmade available (loaned) toWest schools without charge, automobile(s) for itsdriver education program class purposes anduse of school staff members. In 1970, themanager of such dealership (who is stockholder therein) was elected a trustee ofWest school board. This Ford dealership continues the loan of automobiles for such purpose without charge. The district isaccepting free loan automobile(s) for driver education program purposes also from the local Chevrolet dealership.

"2D May an independent school district legally accept upon loanwithout cost for driver education programs and school district purposes automobile(s) from a dealership, managed and owned inDart by amember of its school board ---where itaccepts like offers from other dealerships?"

-4813-Dr. J.W. Edgar, page 3 (M-987)

A leading Texas casewhich passes upon the interest of public officials in contracts with or affecting the public body they represent isMeyers v.Walker, 276 S.W. 305 (Tex.Civ.App. 1925, nowrit), inwhich the court said:

II

. . . If a public official directlv or indirectly has a Pecuniary interest ina contract, no matter how honest hemaybe, and~althouqhhemay not be influenced by the intent, such a contract somade isviolative of the spirit and letter of our law, and isagainst public policy. (AtP. 307). (Emphasis added).
See also: City of Edinburq v. Ellis, 59 S.W.2d 99 (Tex.Comm. App., 1933): Cornutt v. Clay County, 75 S.W.2d 299 (Tex.Civ. App. 1934, nowrit): and Bexar County v.Wentworth, 378 S.W.2d 126 (Tex.Civ.App. 1964, error ref., n.r.e.); and generally, 47 Tex.Jur.2d 159-161, Public Officers, Sec. 121.

Prior Opinions of this office concerning situations wherein a school board member hadbeen alleged to have an impermissible conflict of interest that violates public policy have uniformly held that such situations violated public policy onlywhere a pecuniary advantage accrued to theboard member. Attorney General's Opinions Nos. ~-340 (1969),WW-1362 (1962), V-663 (1948), O-6876 (1946),o-6280 (1944), O-4000 (1941), O-2758 (1940). O-2306 (1940).O-1589 (1939),O-1014 (1939). and O-878 (1939).

We note that the two funeral homes furnish their ambulances on an alternate game basis, and that the school accepts loans ofmotor vehicles for driver education fromboth the Ford and the Chevrolet dealers. The school trustees and their competitors are treated exactly alike. Both the ambulance and the driver education vehicles arematerial aids to the public schools inbasic spheres of their public school operation. We fail to discern such a substantial conflict of interest, special privilege or the exercise ofundue influence relating to either of the school trustees as to proscribe their donation of the services of their vehicles to the public schools under the facts considered.

-4814-Dr. J.W. Edgar. page 4 (M-987)

No facts are presented to show any use of official position by the trustee on the school board to secure any privileges or to engage inany business transaction in substantial conflict with the proper discharge ofhis duties in the public interest.

Accordingly, in the absence ofany facts presented showing improper use of position or the transaction ofbusiness in substantial conflictwith the proper discharge ofduties, both ofyour questions are answered in the affirmative, and you are advised that theWest Independent School District may accept, without cost, from members of itsboard of trustees: (a)ambulance services as may be needed at its local school football games,* and (b)automobiles for use in its driver education program and for school district purposes.
SUMMARY Under the facts stated, theWest Independent School District may accept, without cost, frommembers of itsboards of trustees: (a)ambulance service as may be needed at its local football games, and (b) automobiles foruse in itsdriver education program and for school district purposes. truly yours,

General of Texas

* The furnishing and functioning of such ambulance service to the local high school football team must, of course, be in compliance with any and all local municipal ordinances applicable thereto. Port Arthur Indewndent Sch. Dist. v. City ofGrwes, 376 S.W.2d 330 (Tex.Sup. 1964) (dictum).

-4815-Dr. J.W. Edgar, page 5

Prepared by Austin C. Bray, Jr. Assistant Attorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman W. E. Allen, Co-Chairman
James McCoy Max Hamilton Rex White Scott Garrison
SAMMcDANIEL Staff Legal Assistant
ALFRBDWALKBR Executive Assistant
NOLAWHITE First Assistant (M-987)

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