Young County Commissioners met for around 40 minutes in a closed door session on Thursday, March 13, before coming back to open court and declaring that they would take no action at the present time regarding County Attorney Dayne Miller.
Miller, an elected county official, filed for one of the seven slots coming up on the new GRMC Hospital Board. The action violated state law and brought into play what is called a “constructive resignation.”
According to the Texas Constitution Section 16.65 (b), if any current officeholders, including the county attorney “shall announce their candidacy, or shall in fact become a candidate, in any General, Special or Primary Election, for any office of profit or trust under the laws of this State or the United States other than the office then held, at any time when the unexpired term of the office then held shall exceed one year and 30 days, such announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be filled pursuant to law in the same manner as other vacancies for such office are filled.”
Bullock said there is a loophole in the resignation, and the state constitution provides for what is called the “hold-over clause,” meaning that Miller will likely stay on the job with full pay and benefits until such time as a successor is appointed or elected.
Read the entire story in this weekend's Graham Leader.