Untitled Texas Attorney General Opinion

The Attorney General of Texas :)ecember31, 1985 JIM MATTOX Attorney General Supreme Court Building Honorable Bill Stcbblefield Opinion No. JM-415 P. 0. Box 12546 Williamson County A,ttorney Austin, TX. 76711.2546 Third Floor, Courthouse Re: Legality of a sheriff hiring. 5121475-2501 Georgetown, Texas 78626 for a paid county position as an un- Telex 910/674.1367 Telecopier 51214754266 guarded maintenance supervisor out- side the jail, a prisoner sentenced to the Texas Department of Correc- 714 Jackson, Suite 700 tions but not transferred there Dallas, TX. 75202.4506 214l742-6944 Dear Mr. Stubblefi,eld: 4624 Alberta Ave., Suite 160 Your letter+rlef requesting an opinion from this office advises El Paso. TX. 79905.2793 (in somewhat diffmeut sequence): 9151533.3464 On Au8ust 12, 1982, a prisoner who had been ,001 rexas, suite 700 placed cn probation for driving while intoxicated, Houston, TX. 77002.3111 subsequent offense, had that probation revoked. 713/223-5666 He was sentenced to five years in the Texas Department of Corrections. The Sheriff retained the primner in the Williamson County Jail, where SW Broadway, Suite 312 Lubbock, TX. 79401.3479 he became a trusty. . . . 0081747.5230 In the present case, the delay in transporting amounted to twenty months. However, this may have 4309 N. Tenth, Suite B McAllen, TX. 76501-1665 been mf:ivated by an understanding on the 512/662-4547 sheriff's part that the prisoner's actual time behind bars would be very brief. . . . 200 Main Plaza, Suite 400 The Imisoner in this case is conceded by all San Antonio, TX. 76205-2797 512/2254191 parties t:o be an unusually skilled mechanic. In September of 1983, the sheriff asked the comnis- sioners court to create a new position of main- An Equal OppOrtUnityf tenance superrrisor,citing the financial benefits Affirmative Action Employer to the county by avoiding commercial shop charges to repair and maintain county vehicles. The court concurred largely on the basis of their apprecia- tion of the talents of the sheriff's proposed employee -- the prisoner in question, who was expected to be released $rlor to the effective date of the position in January of 1984. When January csme. the prisoner had not yet been p. 1895 Donorable Bill Stubblefield - Page 2 (JM-415) released, but i,: was essential to fill the new position. The s,heriff had three choices: he could leave the job open (and pay shop charges), he could hire a less-qualified applicant, or he could hire the prisoner (who he expected to be paroled very shortly). . . . He had been advised by the district attorney who had convicted the prisoner that c: would not be unlawful to hire him. . . . In September of 1983, a new position of Maintenance Supervisor was created in the sheriff's depart,nlant. In January of 1984, the sheriff hired rho prisoner for that position. It should be