2004-08-23 Regular Meeting, Public Hearing, and Workshop Meeting

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that its application is limited to anotherpublic office. Rather, it applies to any "public office." See id. A statute that is plain and unambiguous on its face will generally be construed as written. See Fitzgerald v Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864, 865-66 (Tex. 1999) (where a statute is clear, courts will not look to extrinsic.aids such as legislative history to determine the legislature's intent); see also Brazos Rive, v. City of Graham, 354 S.W.2d 99, 109 (Tex. 1961). Thus, if a civil.s'ervice commissioner holds a public office, he or she is not eligible for reappointment to a second consecutive -term. The.test for.determining whether a person holds a public office was formulated by the Texas Supreme Court in 1955'. In Aldine Independent School District v. Standley, 280 S.W.2d 578 (Tex: 1955), the court said that the determining factor which distinguishes a public officer from an employee is whether any sovereign function of the government is conferred upon the individual to be exercised by him for the benefit of the public largely independent of the control of others. Aldine, 280 S.W.2d at 583 (emphasis added) (citation omitted). In our view, it is clear that members of a civil service commission hold an "office" under the Aldine standard. They are appointed to fixed three-year terms. See Tex. Loc. Gov't Code Ann. § 143.006(b) (Vernon 1999). Members do not serve of the pleasure of the chief executive or governing body. Under chapter 143., they may be removed in only two ways: (1) if "the governing body of the municipality finds that a commission member is guilty of misconduct in office"; or (2) if "a commission member'is indicted or charged by information with a criminal offense involving moral turpitude," and either pleads guilty to or is convicted of the offense. Id. § _ 143.007(a)-(b). As.a body, the commission is empowered to enact rules. See id. § 143.008(a). "The commission or a commission member .. may investigate and report on all matters relating to the enforcement and effect of [chapter 14.3] and any rules adopted [thereunder] ...." Id. § .143.009(a). The commission may administer oaths, issue subpoenas, and depose witnesses. See id. §§ ,143.009(b), .010(d).