The Birds Nest - Training, Educational, & Opinions

INFORMATIONAL: Abuse of Official Capacity & the Risk of Being Mayor

So, some may be wondering, what to do when a City within the State of Texas, does not perform its duty or duties, properly. Well, it may be easier than one may think to assure your concerns are addressed.

The must important thing, anyone in the Government can do, is his/her Government job, by the duties of his/her office. This can easily be reflected within two statues for a Mayor of any City in Texas.

The first, is the “Power and Duties of Mayor,” within the Local Government Code. It’s really simple. The Mayor MUST ensure employees perform their jobs properly, OR he/she WILL be in VIOLATION of a law of OFFICE or EMPLOYMENT.

Here is the statue, of Abuse of Official Capacity:

The LAW is very clear. There has to be a “duty one the public servant,” or another threshold, but in the case of the Powers and Duties of the Mayor, the DUTY is clear. One MUST ASSURE the employees of the Government perform their DUTIES properly OR the person with the IMPOSED DUTY can have criminal charges filed upon him/her.

Once we identify a DUTY we must look for an “intent,” whether it be “benefit,” “harm,” or “defraud.” Articulating the “intent,” is really easy once the Mayor has been noticed and DOES NOT carry out any corrective action, and if the person making a complaint is NEVER informed then ONE has REASON to believe the VIOLATION of Texas Penal Code 39.02, Abuse of Official Capacity has occurred AND it is up to an IMPARTIAL Law Enforcement Agency to review.

So, what are your thoughts? Have any Mayor’s we need to review?