Laserfiche WebLink
r "f <br />Dear Mr. Isaacks: <br />You ask whether a civil service commissioner of a municipality governed by <br />chapter 143 of the Local Government Code may be appointed to two or more <br />consecutive terms, *and if not, whether the reappointment of a commissioner <br />constitutes- a criminal offense. (1) <br />Chapter 143 of the Local Government Code relates to "municipal civil service." <br />Tex. Loc. Gov't Code Ann. §§ 143.001-.354 (Vernon-1999 & Supp. 2004). Its <br />purpose is "to secure efficient fire and police departments composed of capable <br />personnel who are free from political influence and who have permanent <br />employment tenure as public servants." id. § 143.001(a) (Vernon 1999). Chapter <br />143 is applicable to any municipality that either.(1) has a population of 10,000 or <br />.more, a paid fire department and police department, and has voted to adopt <br />[chapter 143] or the law codified by [chapter 1431; or (2) whose election to adopt <br />[chapter 143] and.whose acts subsequent to that election were validated by the <br />law enacted by the Seventy-third Legislature.in 1993. -See id. § 143.002._ After a <br />municipality adopts chapter 1.43, a "Fire Fighters' -and Police Officers' Civil <br />Service Commission is established in the municipality." Id. § 143.006(a). _ <br />A civil service commission consists of "three members appointed by the <br />municipality's chief executive and confirmed by the governing body of the <br />municipality." Id. § 143.006(b). "Members serve staggered three -.year terms with ' <br />the term of one member expiring each year." Id. A person appointed to the <br />commission must, interaiia, "not.have held a public office within the preceding <br />three years." Id. §. 143.006(c)(5). You ask -whether that provision means that an <br />individual may not be reappointed to a second consecutive three-year term. See <br />Request Letter, supra note 1, at 1. <br />Section 143.006(c) clearly requires that a person appointed to the commission <br />may "not have held a public office!' during the past three years. Tex. Loc. Gov't <br />Code Ann. § 143.006(c)(5) (Vernon 1999). The relevant language does not state <br />N <br />