Don t Do It Even If It Feels Good Problem Areas with Potential to Cost You Credibility or Your Job Scott Brumley POTTER COUNTY ATTORNEY Amarillo, Texas 806/379-2255 scottbrumley@co.potter.tx.us
I Said So and So Does the Constitution TEX. CONST. art. V, 24: Incompetency Official misconduct Habitual drunkenness Other TEX. CONST. art. XVI, 2: Exclusion from office TEX. CONST. art. XV, 7 Judgment for judges
So, You re Not Here to Check on My Welfare, Officer? Quo warranto Civil removal Criminal removal Commission on Judicial Conduct
Quo Warranto: If It s in Latin, It Can t be Good for You Challenge to holding office Usurpation, unlawful occupancy Exclusive test: Qualifications Forfeiture Vacating office Government lawyers only
Removal: That Little Voice Saying Adios, Amigo Protective, not punitive Undoes election Constitutional standards, procedure in Ch. 87, LGC
Quo Warranto Civil Practice & Remedies Code Ch. 66 Statutory grounds Usurps, intrudes into, unlawfully holds/executes Forfeits office Usurp = no right or legal claim Forfeiture removal
Putting the Quo with the Warranto Fail to qualify Geographic issue Lose required license Get removed, refuse to leave* Resign (sometimes)* * See TEX. CONST. art. XVI, 17
Why It Should Matter to You Ouster Costs Fine Declaration, etc. Accelerated appeal
In the Removal Crosshairs District attorney County Attorney County judge County commissioner County clerk District clerk District & county clerk County treasurer Sheriff County surveyor County tax assessorcollector Constable Inspector of hides & animals Justice of the Peace Other constitutional, statutory county officers
Job Loss Not Attributable to the Recession Incompetency Official misconduct Intoxication Booze Get a doctor s note Bond problems
Official Misconduct Intentional, unlawful behavior Relating to official duties Officer entrusted with administration of justice /execution of law Intentional /corrupt failure, refusal, neglect to perform legal duty After term begins
Illustration by (Bad) Examples Witness tampering False imprisonment Personal county ride use No new taxes Kangaroo court Official embezzlement Where d the money go?
These Defenses Work Not Two wrongs make a right You got me on that one, but not on the rest of em It s the secretary s fault But I meant well
Incompetency Not stupidity/bumbling Gross ignorance Gross carelessness Unfitness/inability due to serious physical/mental defect
The Peter Principle at Work Spray rig hijinks JP s hooky Commissioner s hooky Sheriff s hooky County treasurer s hooky No TCLEOSE license Losing stuff officially Personnel policies
My Prediction for the Fight? Pain. Suspension Discovery No Fifth for you Job loss, bad press
Conviction: It s Not Just for Prison Anymore Felony, official misconduct misdemeanor Guilty plea counts Eligible offenses Bribery Perjury Forgery Abuse of official capacity Official oppression (most likely) Nepotism Some conflict-of-interest provisions
If You Don t Wanna Pay for Em, Why Would You Hire Em? Applies to family degrees Consanguinity = relation by blood Affinity = relation by marriage 3 rd degree of consanguinity: Parent or child; brother, sister, grandparent or grandchild Great-grandparent, great-grandchild, aunt, uncle, niece, nephew 2 nd degree of affinity: Husband, wife; parent or child of spouse; spouse of individual s parent or child Brother, sister, grandparent or grandchild of spouse; spouse of individual s brother, sister, grandparent or grandchild
Family Can Be More than Awkward Can t hire/vote to hire Related to official within relevant degree; or Related to board member within relevant degree Candidate influence, trading prohibited
When the Family Tree Falls on You Removal required No payday for family Fine
How Can Making Money Conflict with My Interests? Substantial interest in business entity or real property Affidavit of nature, extent Abstain from voting or participating Not void Class A misdemeanor
Chapter 176: Disclosing What You May Want to Keep Covered Contractor/potential contractor: Business relationship Gifts $250 within 12- month period
Chapter 176 Disclosures http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm Relationship Gifts Acknowledgment Signature under oath Failure to file = class C misdemeanor Sharing the joy
Moonlighting: OK TV Show, Bad Public Employment Strategy TEX. CONST. art. XVI, 40 Incompatability Conflicting loyalties Self-appointment Self-employment TEX. CONST. art. XVI, 65: Resign to run
Lobbying: The Efficiency of Group Gov t Code 305.026 Lobbyist OK Self-lobbying OK Associative lobbying OK Loc. Gov t Code 89.002 Joining TAC OK TAC can t lobby Informing OK Wheedling
Thanks for Speaking. You Have the Right to Remain Silent Ethics Advisory Op. No. 484 (2009) Title 15, Election Code Prohibition: Accepting from corporation Transportation Meals Lodging In return for addressing audience/participating in seminar Officeholder contribution? Contribution to defray expenses Incurred by officeholder in performing duty/activity in connection with office Not reimbursable with public money Third-degree felony
Questions to Address Ethical Dilemmas 1. Have you defined the problem accurately and completely? 2. How would you define the problem if you stood on the other side of the fence? 3. How did this situation occur in the first place? 4. If you were assigned to take the place of any of the others interested in this situation, would you perceive your decision to be essentially fair, given all the circumstances? 5. What is your intention in making this decision? 6. How does this intention compare with the probable results?
Questions (cont d) 7. Whom could your decision or action injure? 8. Can you discuss the problem with affected parties before you make your decision? 9. Are you confident your position will be as valid over a long period of time as it seems now? 10. How would you feel and be regarded by others (working associates, family, clergy, etc.) if details of your decision were disclosed for all to know?
Questions or Comments? Scott Brumley POTTER COUNTY ATTORNEY Telephone: (806) 379-2255 FAX: (806) 379-2267 scottbrumley@co.potter.tx.us