HOUSTON – It’s not a nepotism issue for Harris County Attorney Christian Menefee’s father-in-law to keep providing collection services for the county, according to an opinion issued by Attorney General Ken Paxton.
Not long after he took office earlier this year, Menefee requested an AG opinion on whether a conflict of interest existed for a county attorney whose father-in-law is a partner at a law firm that contracts with the county for collection of delinquent receivables.
Specifically, the request sought the applicability of Local Government Code chapter 171 regarding conflicts of interest, and Government Code chapter 573 regarding nepotism to a county attorney whose father-in-law is a partner at a law firm that contracts with the county.
“I will abstain from participating in relevant decisions regarding the County’s contracts with private law firms for the collection of delinquent receivables.” Menefee wrote. “These facts present a unique situation as I have not identified any cases or Attorney General opinions discussing whether … only the local public official must abstain from relevant decisions, as opposed to his entire office.”
On July 12, Paxton’s office found the nepotism statute, subsection 573.041(1) of the Government Code, prohibits a public official from appointing specified relatives to a position but does not apply to a county’s award of a collections services contract to a business entity, namely a law firm.
Texas AG finds nepotism statute doesn’t to Harris County Attorney Menefee’s father-in-law
“The duty of county attorneys in counties with a population of more than 1.25 million under section 89.001 of the Local Government Code to select special counsel to collect the county’s delinquent receivables is subject to the approval of the commissioners court,” the opinion states.
“Accordingly, this does not constitute a ‘vote or decision’ requiring the county attorney to comply with the conflict-of-interest procedures under subsection 171.004(a) of the Local Government Code.”