Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-11-29
TEACHERS NAMED
SCHOOL OFFICE RS
CAN 7 TEACH too
Newly Elected School ST.
perintendents Must Give
Up Work in Classroom
When They Take Office.

| Newly elected county school SUI
perintendents who are teachers can
not continue to teach after they
take office as superintendent, ac-
cording to an opinion by Attorney
| General Harry S. Bowman. The
! opinion was given at request of
John w. Conway. state superin-
tendent- elect and present assistant,
following numerous inquiries from
teachers over the state who were
elected county superintendents.
MIR, Bowman's opinion follows:
In reply to your oral request
for an opinion regarding the right
and authority of a county super
ntendent of schools to occupy a
position as teacher in the public
schools in the county in which he
was elected, and at the same time
to attempt to perform the duties
of county superintendent, we wish
to advise you as follows:
The law does not permit one
person to hold two offices which
are incompatible. that is, wherein
the duties Of one office might In
terfere with those of the other.
The county superintendent OF
schools is required to pass upon
reports received from the various
rural school teachers In the double
capacity then as superintendent
and teacher. he would be required
to receive. correct and pass 1udg
ment upon his own reports.
by virtue of our laws the coun-
ty superintendent is member Of
the county board Of education. and
this board Is required by law to
approve or disapprove the con-
tracts between school boards of
directors and school teachers. He,
therefore, as Il member of said
board, would be required to pass
upon his own contract for employ
ment, and to approve or disapproye
the same.
''In our opinion. the duties of
county superintendent of schools
and Of school teacher in the same
county are absolutely incompatible,
and no person can be permitted to
hold the position of county super
intendent and at the same time
teach in the public schools
"The question arises also as TO
whether or not the holding Of the
position of county superintendent
of schools and that of school teach
er and drawing salaries for both
positions in not in conflict with
Section / of Article X of the con-
stitution, wherein it is provided:
And no county officer shall
receive 20 his own use any fees
or emoluments other than the
one salary provided by law
and all fees earned by any Of
ficer shall be by him collected
and paid into the treasury of
the county
"a county superintendent Of
schools is county officer within
the meaning of this section. and he
would certainly be receiving emol-
uments other than his one salary
provided by law, If he received a
salary as a school teacher in addi-
ton TO his salary as superlntend-
ent. In our opinion therefore. the
county superintendent of schools
could not draw the salary of u
school teacher at the same time
that he received the salary of
school superintendent.
Upon qualifying as county SUI
perintendent of schools, the person
elected to that office would auto
matically cease to be teacher and
could not legally retain his position
as such.
There are certain reasons of
policy also, which would induce us
to hold that county superintend-
ent Of schools could not, at the
same time. receive salary as u
school teacher. A person cannot
perform his duties as superintend-