Texas Attorney General Opinion: O-1408 Page: 3 of 4
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Honorable ~red T. kortqr, f-a;e S
"Otherwise, in too many instances the positionn of
employment would be awarded to a needy relative
rather than to another person who aotully pos-
nsesed more satisfactory quaifloations. 4eed-
less to say the public would auf er.
"Here the employment was made at a tiams en
the relationship did not exist and the:-efore did
not induce or contribute to inducing the employ-
sent.
"Article 45 refers to irtile 432, and forcids
paying an ineligible officer or person."
In light of the above opinion, I will ancswr your
questions in the follownI msanor:
1. The truckdriver wee entitled to his pay for
the balance or the month.
2. As this was a month to month job, the aon-
in-lew and fatherein-law ease under the purview of
Article 452, Penal Code, on the first of the month
following the marriage. The auditor shold not
approve payment for the five days of the next month.
5. As is clearly stated In the above opinion
the father-in-la would not be guilty of violation
of the nepotism statutes In allowing his son-ia-law
to finish the month's work.
Your question in regard to notice was not covered
in the above opinion. This point is made clear in the case
of Fairlese vs. The Cameron County Iater Imp. District No.
1, 25 Z. W. (2d) 651, fro which I quote:
"The employment of the appellant was a plain
violation of the nepotism law, and he has no
cause to complain bennaue of his dlsoharge by
the board of directors, who, a on learning that
they were aatin contrary to law, promptly djie
charged him and relieved themselves of any charge
of wilfull disobediace to the lat."
No notice is necessary as employment atter the firrt of the
month would have been in direct violation of the 'enal Code
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1408, text, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258594/m1/3/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.