Untitled Texas Attorney General Opinion ( 1942 )

Hon. T. M. Trlmble Opinion No. O-4670
First Assistant State Super- R~I Employment of school
lntendent of Pub110 supervisor by county super-
Instruction lnt endent
Austin, Texas
Dear Sir!
We have received your letter of recent date ln which
you ask the opinion of this department whether a county super-
intendent may employ as “Rural Supervisor” a person who 1s his
first cousin. We assume that you have reference to the employ-
ment of a supervisor under Article 2700.1, VernonDs Annotated
Civil Statutes (Acts 1941, 47th Leg., H.B. 364)
Section 2 of Article 2700.1 provides as follows:
“Section 2 o The County Superintendent of Public
Instruction may, with the approval of the County Board
of Educatfon, employ one or more school supervfsors to
assist in planning 9 outlining 9 and 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 do and must have evl-
dence of proficiency fn rural schoo i supervlsion and
must be the holder of at least a Bachelor of Science
Degree or higher. Such supervisor or supervisors may
receive a salary of not to -exceed Two Thousand Dollars
($2,000) per annum, to be paid out of the same funds
and in the same manner as that of the County Superfnten-
dent of Public Instruction and other assistants.”
Article 4329 Vernon’s Annotated Penal Code, reads as
follows:
“No officer of this State or any officer of any
district, county, city, precinct, school district, or
other municipal subdivision of this State, or any offi-
cer or mem,ber of any State, district) county, city,
school di.strict or other municipal board, or judge of
Hon. T. M. Trlmble, page 2 (O-4670)
any court, created by or under authorf.ty of any
general or special law of this State or any mem-
ber of the Legislature, shall appoln? or vote for
or oonflrm the appointment to any OSfioe, poeltion:
clerkship, employment or duty, of any person re-
lated within the eeoond degree by affinity or within
the third degree by consanguinity to the person so
appolntlng or so voting, or to any other member of
any such board, the Legislature, or court of which
such person so appointing or voting may be a member,
when the salary, fees, or compensation of such ap-
pointee 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 1909, p* 85,
Acts 1915, po 149.”
We see that under Section 2 of Article 2700.1 the
county superintendent may employ supervisors with the approval
of the county board. While such approval is required by the
article, nevertheless the actual authority of appointment or
employment is vested in the county superintendent.
We also see that a salary 1s provlded for such super-
visors, payable out of public funds. The provlslons of Article
432, supra, are therefore applicable to the employment of such
supervisors by the county superintendent.
First cousins are related in the second degree by con-
sanguinity. You are, therefore, advised that the employment by
a county superintendent of hfs first cousin as school super-
visor is prohibited by the nepotism laws of thls State. It fol-
lows that your question Is answered in the negative.
Very truly yours,
ATTOBNEYGENERALOF TEXAS
By /s/ George W. Sparks
George W. Sparks, Assistant
APPROVED JUL 14, 1942
/s/ Gerald C. Mann
ATTORNEYGENEiAL OF TEXAS
APPROVED: OPINION COMMITTEE
BY: BWB, CHAIRMAN
GWS:ba:wb