Elected Officials serving on the board of the Shoreacres Recreation Association

[David Jennings]

Council,

A question was raised as to whether or not an elected official could serve on the board of the Shoreacres Recreation Association. Here is City Attorney Chris Gregg’s opinion.

Yes, an elected council member of the City may serve as a board of director on the Shoreacres Recreation Association as long as the city council member receives no compensation or other remuneration from the nonprofit corporation or other nonprofit entity.

I checked on the filings of the Shoreacres Recreation Association, Inc. It is filed as a Texas non-profit corporation.

I attach AG decision (GA-0597). The reason the constitutional provisions of dual office holding and doctrine of incompatibility do not apply to this inquiry is because the doctrines deal with 2 public offices. This is a public office and a private non-profit office situation.

Further, then the question is does the conflict violate section 171.009 of the Texas Local Government Code. That section states:

Sec. 171.009. SERVICE ON BOARD OF CORPORATION FOR NO COMPENSATION. It shall be lawful for a local public official to serve as a member of the board of directors of private, nonprofit corporations when such officials receive no compensation or other remuneration from the nonprofit corporation or other nonprofit entity.

Added by Acts 1989, 71st Leg., ch. 475, Sec. 2, eff. Aug. 28, 1989.

If the city council member in question does not receive compensation or other remuneration from Shoreacres Recreation Association, Inc., then he/she can serve on the board of Shoreacres Recreation Association, Inc.

If the city council member in question does receive compensation or other remuneration from Shoreacres Recreation Association, Inc., then he/she cannot serve on the board of Shoreacres Recreation Association, Inc.

Chris Gregg

Click here to view the AG opinion.

[Author]

Posts