1968-12-30 Special Meeting - Laserfiche WebLink

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• Hon. Mayor and City Commissioners - 4 December 30, 1968 "Since the holding of municipal office or employment is traditionally labelled a 'privilege' by American courts, the Judiciary has sustained many restrictions upon the lives and activities of municipal servants not likely to be condoned in application to the general citizenry. Influential in the development of the law, and typical now of the state of the authorities, is the remark of Justice Holmes while on the Massachusetts Court: "'The petitioner may have a constitutional right to talk politics, but he has no constitutional right to be a policeman.' Section 22.06 (citing McAuliffe v. Mayor and Board of Aldermen of New Bed- ford 1892) 155 Mass. 216, 29 NE 517. "In some communities, municipal officers and employees have been forbidden to engage in politics and the courts have sustained the bans." Antieau, Section 22.06. • In other states, under some statutory or charter provisions, a municipality is prohibited from employing any person holding any other public office or position for profit. 62 C.J.S., "Municipal Corporations," Section 708, Page 1432. In view of the foregoing, it is my opinion that an employee of the City of La Porte may not hold public office in addition to his employment with the City of La Porte. Yours very truly, `~ Knox W. Askins City Attorney KWA/fh •