ORDEk NO. 19444
APPROVAL TO PAY DISTRICT CLERK, LINDA UECKER, THE
COUNTY LAW LIBRARIAN SALARY
On this the 29th day of March 1990, upon motion made by
Commissioner Ray, seconded by Commissioner Baldwin, with
Commissioner's Ray, Baldwin, Morgan and Holekamp voting
"AYE", and Judge Edwards "ABSTAINING", said motion to approve
paying the District Clerk, Linda Uecker, the County Law
Librarian salary of 51,560.00 annually, effective February 1,
1990 was approved by a majority vote.
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BAR 2 3 RECD
JI7I 3YATTOS
aTTO1x~:t~- c:t:~t:IZaI. March 22, 1990
Honorable David M. Motley
Kerr County Attorney
323 Earl Garrett
Kerrville, Texas 78028
Re: LO-10-90
Dear Mr. Motley:
,'
Thank you for your letter of March 19, 1990, in which
you ask for clarifiation of LO-10-90. Specifically, you ask
whether a district clerk may serve as a county law librarian
and as district clerk and receive pay for both jobs.
Article XVI, section 40, prevents a person from
receiving pay from the county for two different positions
only if both of those positions are offices. A district
clerk holds an office. As we indicated in LO-10-90, we
assumed that the law librarian was simply a county employee.
If so, an individual could be paid for both of those
positions without violating article XVI, section 40. We did
note in a footnote in LO-10-90 that we were not considering
whether a county librarian appointed under section 323.005
of the Government Code held an office. If the librarian in
question was appointed as the county librarian under section
323.005, please inform us and we will consider whether a
person appointed under that section holds an office or an
employment.
The other law that prevents a person, in certain cases,
from holding two public positions is the common-law doctrine
of incompatibility. Compensation is not relevant in
considering whether that doctrine prevents a person from
holding two particular positions.
Yours very truly,
Sarah Woelk
Assistant Attorney General
Opinion Committee
SW/lcd
Ref.: ID# 9173
51:3~•J63~Y1O0 SiCl'li b: ]1 F: Ct)C-iT IY1ilLDIV(- '.1L'tiTI\. Tl~:X.A!3 711711-YS-1 }f
• PLEASE FURNISH ONE ORIGINAL AND SEVEN COPIES OF THIS REQUEST AND DOCUMENTS
TO B R VI W D BY Tti 0 RT.
MADE BY: Linda Uecker OFFICE: District Clerk
MEETING DATE:
P1ar 29, 1990
TIME PREFERRED:
executive session
SUBJECT: (PLEASE BE SPECIFIC): 1) LaW Library -salary
2) awarding bid on reader printer for District Clerk,
ESTIMATED LENGTIi OF PRESENTATION: 10 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: r~i.~.~0a ~~°~/~ ~/~
Time for submitting this request for Court to assure that the matter Is posted In
accordance with Article 6252- t 7 Is as follows:
• Meetings held on second Monday: 12:00 P. M. previous Wednesday
• Mee[Ings held on Thursdays: 5:00 P. M. previous Thursday.
IF preferable, Agenda Requests may be made on oFFlce stationery with the above
Information attached.
TI-IIS REQUEST RECEIVED BY: '
TI IIS REQUEST RECE IVED ON: ~~ "r ~ ~~~~ ~ 2: ~~i 1~~~~~-~
All Agenda Requests will be screened by the County Judge's Office to determine If
adequate Information has been prepared for the Court's formal consideration and action at
time of Court meetings. Your cooperation well be appreciated and contribute towards
your request being addressed at the earliest opportunity.
ORDER NO. 19444
APPROVAL TO PAY DISTRICT CLERK,
LIIVDA UECKER, THE COUNTY LAW
LIBRARIAN SAI~F,RY
March 29, 1990
Vol. R, Pg. 789