Does the doctrine of incompatablilty apply to the following situation?
A current member of the Appraisal Board is being asked to simultaneously serve as an appointed member of the County Hospital Board. The question has arisen as to incompatablity of offices that might prevent the individual from serving on both. Any thought would be appreciated!
Mike Hartman, Scurry County

Never mind, after I posted, I think I finally found the answer.

Once you post a query, I think you are under an obligation to share your answer with the rest of the group...even if you find it yourself.

Although I don't think an incompatability issue can really hold up against the canine fraud case we've been mesmerized with up here, I'll hazard a guess, Mike, that your answer centers on whether the two offices have conflicting duties, since neither of the other two types of incompatability appear to be implicated.

I ran across DM-47 which discussed the same situation of appraisal board member and a member of a river authority. AG said no incompatibility issue since the river authority did not collect taxes, however, if it did collect taxes there would be an incompatibility issue. There was a reference in a footnote to section 6.03 of the tax code which overrides the common law doctrine of incompatibility. That section seems to still be in tact which says "an individual who is otherwise eligible to serve on the (appraisal) board is not ineligible because of membership on the governing body of a taxing unit." My logic is if a commissioner, school board member, city councilman, etc. is not disqualified because of the incompatibility issue, then a board member appointed by them should not have a problem either.
Is my logic flawed?
Scott, okay, I'll bite (pun intended) what dog fraud case?

[This message was edited by mhartman on 01-13-04 at .]

[This message was edited by mhartman on 01-13-04 at .]

To heck with incompatibility issues--what's this about a canine fraud case. Sounds interesting!

Janette Ansolabehere
(owner of several "canines"--most with spots)

Here's the story from Amarillo's own source of unimpeachable accuracy:

2 women to pick up animals

By CHERYL BERZANSKIS
cheryl.berzanskis@amarillo.com

The 16 puppies, 36 adult dogs and two cats picked up by Potter County deputies Thursday during an arrest will be released to two Virginia women who hope they can return those animals to the Commonwealth.
The county seized the animals from a U-Haul truck driven by Monica Arnold, 35, who was arrested on a charge of failure to identify.

Arnold is in Potter County Detention Center on $2,500 bond.

She also faces extradition to Virginia where she is wanted on four felony counts of obtaining money by false pretenses.

Lt. Greg Daniels of the Potter County Sheriff's Office is coordinating the animals' return.

"We are working with the detective from Virginia and two ladies from that area. They are flying into Amarillo and renting transportation, picking up the dogs and taking them back to Virginia - as many of the dogs as they can get," Daniels said.

Daniels said he does not know the women who are picking up the pups, but he was instructed by Virginia authorities to release the animals and Arnold also agreed to the release.

The women also are contacting breed-specific rescue agencies in Texas to help with the animals, Daniels said.

Even with the dogs gone, Arnold still faces Virginia charges of obtaining money by false pretenses.

"She will go to a judge and have an extradition hearing," Daniels said.

Virginia authorities described Arnold as a Hampton Roads, Va.-area breeder who offered dogs for sale, took payments for them and ran away with the money.

Janice Fielding, executive director of the Amarillo Panhandle Humane Society, said animal sales are a "buyer beware" market.

"People will scam with everything. They scam with children. Dogs are not exempt," Fielding said.

Sometimes people steal animals then try to return the pet for a reward, she said.

Some breeders don't provide registration papers for purebred animals without an extra fee, Fielding said.

"If they are creative, they can get by with it technically. People are misled by that," Fielding said.

When considering an animal purchase, Fielding suggested seeing the animal's parents, kennel facilities and customer references.

"You've got to be assertive when looking to buy an animal," she said.


SCOTT BRUMLEY
Owner of one (1) intellectually challenged Labrador Retriever canine

I'm smelling movie rights, book deal, the works. This has all the earmarks of a 2:00 a.m. movie on Lifetime starring Ricky Schroeder.

[This message was edited by Robert S. DuBoise on 01-15-04 at .]

I think it smells a little different in Potter County especially in that trailer.