Here's my situation:

Constable-elect, who was duly elected and is to be sworn in on January 1, 2009, is not statutorily eligible to serve as constable.

Anyone know what is supposed to happen procedurally at this point? If there is a way that I can keep him from being sworn in, that will save me the trouble of filing a removal action afterward. Who determines whether he can be sworn? BTW, my County Judge wants to swear him in.

Any guidance would be greatly appreciated.

I do not have an answer for you. But since misery loves company, I thought you would like to know that I have nearly the same issue. The only difference is that I do not know if our Constable-elect is or is not qualified. He appears to have no interest in providing the County any information about himself or his qualifications.

In what way is he ineligible?

As required to be eligible to serve as constable -He does not have at least an associate's degree, he is not a special investigator under Art. 2.122(a), he is not an honorably retired peace officer, nor is he an active or inactive licensed peace officer. At least he has not offered any evidence of any of these qualifications, even though requested.

I know what to do on the 270th day, but how are the requirements under local gov. code 86.0021(a) enforced?

[This message was edited by John Greenwood on 12-15-08 at .]

[This message was edited by John Greenwood on 12-15-08 at .]

If a constable is legally unqualified to hold the office, the proper remedy is a quo warranto suit to oust the unlawful officeholder. That is true before or after the 270-day deadline, though the cause of action before the deadline must focus on qualifications other than licensure/presentation of evidence of licensure as a peace officer.

Thanks Scott,

I was hung-up on quo warranto being the specified removal remedy for failure to obtain a license and the lack of a specified remedy for not having the qualifications to serve in the first place. It appears that becasue he is not eligible for office, as oposed to subject to removal, he could be fined under Chapter 66. Maybe this will change his mind about being sworn in.

appears i may have the same issue.....Where did you find the potential fine?
Thanks

Civil Practice and Remedies 66.003(3) -
"may fine the person for usurping, intruding into, or unlawfully holding and executing the office or franchise."

So, what happened in your counties with your ineligible constables? Did they take office?