AG nixes tax officials' marriage request

The Associated Press-AUSTIN

When Kerr County Tax Assessor-Collector Paula Rector decided to get married, she sought permission not from family or friends, but from the state attorney general. And she didnt get it. Rector, 54, wanted to marry one of the districts tax appraisers. But the couple worried that their marital union would violate the states nepotism law, so they brought the case before Attorney General Greg Abbott. In an opinion released Tuesday, Abbott confirme
Advertisementtheir fears, ruling that the couple could not marry and simultaneously retain their positions. Isnt that crazy? We thought it was funny that we had to wait for an attorney generals opinion to tell us whether we could or couldnt, Rector told the Houston Chronicle on Tuesday. I bet thats never happened before. Rector could not resign from the appraisal district board or appoint someone to replace her because the position must be held by the tax collector, according to state law. But she highlighted the fact that she does not vote on how appraisals are set, nor does the board make any hiring or firing decisions outside of the job of chief appraiser. It doesnt affect his appraisals, and I dont get a percentage of what I collect, Rector said. Kerr County Attorney Rex Emerson had argued in a letter to Abbott that the couples plight did not squarely fit inside the laws provisions. This unfortunate situation is an unintended consequence of a well-meaning statute, and it is urged that the nepotism laws should not be applied in this case, Emerson said. Nepotism laws are designed to prevent a public officer from serving his or her personal interest in full employment for relatives instead of the public interest in hiring the best qualified employees, Emerson said. The (tax assessor-collector) lacks a voice in employment matters. But Abbott ruled that state law trumps love. The employee may retain his employment until the end of his contract with the appraisal district, or if the employee is employed at-will, he may retain his employment until the end of the pay period during which his marriage occurs, Abbott said. Rector said she was disappointed with the ruling but would wait until her retirement to marry her fiance. She has served five terms in office and said she may not seek re-election when her current term ends in three years.