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<br />• .Knox W. Askins, Esquire -3- May 21, 197+
<br />The extent to which the meaning of "interest" is carried
<br />is illustrated in Bexar Count vs. Wentworth, 378 S.W. 2d 126,
<br />~n.r.e.). Ploch, who was a County 'ommissioner of Bexar County,
<br />made an agreement with Shoup Voting Machine Co., making h:i.m sale
<br />representative of that Company in Texas, except for Bexar County.
<br />Bexar County and Shoup entered into a purchase agreement for 100
<br />machines. Article 230 of the Texas Statutes prohibits direct or
<br />indirect interest by Commissioners in claims against the County.
<br />In holding the purchase invalid, the Court said:
<br />"Under all of the circumstances, it is pre-
<br />sumed that Ploch was not in a position to give to
<br />Bexar County his undivided loyalty and support in
<br />seeing to it that Bexar County got the very best deal
<br />possible in the purchase of 100 new voting machines,
<br />when he was at the same time obligated to use his
<br />best efforts to promote and exploit the sale of Shoup
<br />voting machines throughout the State, except in Bexar
<br />County. The fact that he was not to receive any money
<br />from such a sale in Bexar County would not prevent him
<br />from having an indirect interest in promoting and ex-
<br />plotting Shoup voting machines elsewhere in the State
<br />by a sale in Bexar County."
<br />Norrell vs. Judd, 37~+ S.W.2d 192, was decided by ~:;he Kent;uclcy
<br />Court o ppeals, an involves, as does the present c:~i,:, a "non-
<br />profit corporation", to-wit: Community Services, Inc., ~,vhich fur-
<br />nished cable television service to residents of Frank''~~'t, Kentucky.
<br />Suit was brought to void a contract between "Communit '~''~ind the
<br />Frankfort Municipal Housing Commission, a public cor~•~ `~y~ r.ion. Joe
<br />Pennington was the Acting Manager of the Housing Comn ~ ~.E i.an arr<1
<br />was also a Director of "Community", the non-profit ca~" {~,•~~•tion, re-
<br />ceiving a fee for his duties as such. The Kentucky ~~ ',I ,;izte, :~~.mi.lar
<br />to Article 988, prohibits members of the Housing Comm ~,'`.on from
<br />s,cquiring any interest, direct or indirect, in any co ~ ~'s.ct far m~.-
<br />terials or services used in connection with any pro~je:'~,~~ In holding
<br />the contract void, the Court said: W,,~
<br />"If the performance of Pennington's duties ,~~~ 6{
<br />director of Community consist, in part, in the ~,~ ~~ ~~~°ur-
<br />~lo
<br />ing of new subscribers for the television corpo;'!~ ~;_on
<br />then his interest in performing that duty woul<~;~~•s ~
<br />such an ' interest' as would bring the case witr.~ ~; ~I:he
<br />prohibitions contained in KRS 80.080. In fact,~,R ;
<br />procurement of this agreement, if Pennington di',;, °r
<br />fact procure it, would have been the very thing'~;~ ~f,
<br />which he was being paid by Community. ~~~ •~,
<br />~~ ~~
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