Texas Attorney General Opinion: O-4859 Page: 4 of 6


I

Honorable John D. Reed, page 4
by the Police Department of the City of Fort Worth are inold-
ed within the provisions of said Section 7, This, of course,
depends on whether the1 are to be classified as "members of
the Police Department. The Legislature has not attempted to
define the meaning of that phrase. Nor have we found any deci-
slon of a Texas court defining the phrase. But Wordse and
Phrases, under the heading "Member of Polioe Department,
quotes the following decisions from h v York, Nev Jersey, Iowa
and Massachusetts a
"Laborer in city polio*e department, who was
assigned to work of washing care at police garage,
held 'member of police department' and subject to
removal only in manner provided by charter. Hov-
ard v. Higgins, 281 x. Y. S. 124s, 25 App. Div.
"A lieutenant of police eased to be a mea-
ber of the police force when he aooepted appoint-
ment as police commissioner, in view of Greater
Novew York Charter, jI 291, 1549, and his office as
lieutenant bcam vacant. Shieffelin v. right,
192 1. Y. i. 729, 732, 200 App. ive. 312.
"Under ordinance providing that city police
department should consist of certain number of
officers and regular patrolmen, and such number of
chancemen as board of commissioners deemed advis-
able to appoint, chanoeman appointed by commis-
sioners was 'member of police department,' even
though he held over after expiration of his ap-
pointment, in view of P. L. 1917, p. 359, art.
16, 9 3, N. J. ,. A. *0:57-, 5, 6. Hulse v. Po-
licemen's Pension Commission of City of Long Bmanh,
D. J., 136 A. 197, 198.
"Decedent while actng as secretary of po-
lice department, was appointed secretary of health
department of public safety in asecordance with
Code 1927, 1 2232, and 0 2181, subd. 7, owned po-
liceman's uniform and shield or star with words
'Captain Police Department' across face, and had
charge of all inspectors and employees in sanitary
division or health department and all mutters per-
taining to sanitation and health of community.

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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4859, text, 1942; (https://texashistory.unt.edu/ark:/67531/metapth262113/m1/4/ocr/: accessed May 24, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.

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