On that Attorney General Opinion regarding the Somervell County Hospital District Election Tie


On that Attorney General Opinion regarding the Somervell County Hospital District Election Tie

2 March 2015 at 3:53:13 PM

on a plularity vote. I didn't attend the meeting myself, (don't like the circus atmosphere. last one I went to was one short hate step away from a mob scene) although I asked hub all about it when he came home; I watched the video and asked for a copy

The Attorney General ruled .

When a hospital district under chapter 286 of the Health and Safety Code elects its initial permanent board of directors in an at-large election, the majority of the  directors who receive the highest number of votes serve two-year terms. A court could conclude that when two directors of a seven member board both receive the fourth-highest total number of votes, they both are included in the majority who serve two-year terms.
Very truly yours,
Ken Paxton
Attorney General of Texas

The hospital board had voted some months back (6-0)  to rely on and accept the ruling of the Texas Attorney General's office regarding the length of terms for 2 elected members who tied. Here's a short video version of the vote from last week.  

And here's the audio of the entire exchange.

I'm guessing Ron Hankins wouldn't have dissed the AG's office if the opinion had gone his way. (And isn't that a side-eye at Andy Lucas, since he's the one that sent it in after the board voted 6-0 to do so? And what does Hankins have against Ken Paxton, the Attorney General, who, along with the opnion commitee, signed this? Hankins must not have read the AG website where formal opinions by the AG are explained.)  

About the Attorney General Opinion Process and Who May Participate

Once an authorized request is received, the attorney general answers the request by interpreting existing law in accordance with all applicable statutes and the Constitutions of the United States and the State of Texas. The opinion process frequently involves extensive legal research by the group of assistant attorneys general known as the Opinion Committee. In addition to researching the law, the Committee solicits briefs from persons and groups that it deems likely to be affected by the opinion. The Committee welcomes additional briefs and any written commentary from the public, but the attorneys involved in the process do not engage in dialogue or explanation with interested parties or with the public. The draft opinion is reviewed by the attorney general and signed by the attorney general before it is issued. The written opinion speaks for itself....

In some prior administrations, both formal opinions and letter opinions were issued. On January 4, 1999, Attorney General John Cornyn discontinued the practice of issuing letter opinions. All attorney general opinions are now issued under the attorney general's initials, i.e., Attorney General Ken Paxton's opinions are named as KP-0001, KP-0002, etc.

 Hankins was wrong and it did NOT go his way. 

I was shocked beyond belief when it came back with this opinion. Once I looked at it I felt it was a non-opinion.It would have to be one of the two members that tied, being Eugene Brode and Paul Harper, and if they're not willing to do that, then we're stuck. 

Okay. So you felt like this was a *non-opinion*. Riiiiiggggghhhhhtt   And hey, Who's We??? Speak for yourself, Ron Hankins, you are only one of the 7 board members. And you sure don't speak for me as a citizen. Wrong AND Arrogant.


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