ORDER N0. 18239
MOTION TO SIGN RESOLUTION ON OATH OF OFFICE LAW
On this the 15th day of November 1988, upon motion made by
Commissioner Ray, seconded by Commissioner Holland, with
Commissioner's Ray, Holland and Baldwin voting "AYE", and
Commissioner Lirh voting "NAY", and County Judge Edwards
"ABSTAINING", it was approved by a majority vote that the
Commissioners' Court of Kerr County sign the resolution
"Commissioners' Court Conflict-of-Interest Law and
Oath-of-office Law".
RF. SOLUT I ON
COMMISSIONERS' COURT
CONFLICT OF-INTEREST LAW
AND
OATH - OF - OFFICE LAW
WHEREAS, the Conflicts-of-Interest Law, which was
originally adopted in 1983, is a modern statute that
recognizes the many governmental and community roles that a
county official is called upon to fill, and
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WHEREAS, in contrast, the Oath-of-Office Law, which was
originally adopted in the 1800's is almost unworkable today
and requires that judges and commissioners (unlike all other
elected officials in the state) take an oath that they will
not be "interested directly or indirectly, in a contract with
or claim against the county....", making the two statutes
inconsistent, and
WHEREAS, certain parties are being urged to interpret
the Oath-of-Office Law so broadly that it could be argued
that non-financial interests - such as unpaid memberships on
the board of a non-profit entity or service group that deals
in any manner with a count(e.g., Scouts, United Way) are
prohibited.
BE IT THEREFORF. RESOLVED, the County Judge and
Commissioners' Association of Texas hereby urges that the
Oath law be repealed, or that it be amended to clearly apply
to financial interests and be made subject to the more modern
and workable conflicts law.
DANNY R. EDWARDS, County Judge
Kerr County, Texas
FRED HOLLAND BILL RAY
County Commissioner, Prec.l County Commissioner, Prec.2
Kerr County, Texas Kerr County, Texas
VICTOR LICH H. A. "BUSTER" BALDWIN
County Commissioner, Prec.3 County Commissioner, Prec.4
Kerr County, Texas Kerr County, Texas
DATE:
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