AUSTIN - The common-law doctrine of incompatibility bars a councilmember of the city of Freeport from simultaneously serving as a member of the city’s police reserve force, according to an opinion issued by Texas Attorney General Ken Paxton.
Records show Tom Selleck, criminal district attorney for Brazoria County, submitted the opinion request to the Office of the Attorney General on April 6, which states his office received a request from the Freeport city manager regarding a possible conflict pertaining to a councilmember that is also a police reserve officer for the city.
The request asked whether the city council’s supervision and other authority over the city manager and police chief is enough to confirm that the holding of a city councilmember position and being police reserve force member meets the common-law doctrine of incompatibility.
On Oct 3, Paxton issued an opinion stating that the incompatibility doctrine prohibits an officer from holding an employment position over which the officer exercises employment authority, and that Freeport city council exercises employment authority over the city’s
police reserve force.
“Because the City of Freeport city council exercises employment authority over reserve officers, the common-law doctrine of incompatibility bars a council member from also serving as a member of the City’s police reserve,” the opinion states. “The common-law doctrine of incompatibility bars a councilmember of the City of Freeport from simultaneously serving as a member of the City’s police reserve force.”
Opinion No. KP-0418