Tuesday, January 28, 1986/The Battalion/Page 5
attox: Legal attack of
Examiner’s decisions OK
Associated Press
IISTIN — Decisions made by a
an who continued to serve on
'exas State Board of Dental Ex-
ers, apparently not knowing
her appointment had been re
el by the Senate, are subject to
attack, the state attorney gen-
said Monday.
leraldine Tucker, of Austin, also
y«ot entitled to $11,735 in state
| alel reimbursement, Mattox held
f i a legal opinion.
^■■ccording to Mattox, board exec
utive director William Nail ttdd him
,iat Tucker was appointed March 5,
\982, by Gov. Bill Clements while
lei Legislature was out of session,
[he Legislative convened in January
jj983, and on May 26 the Senate re-
Sd to confirm Tucker’s appoint
ive.
I Bail said neither Tucker nor the
Bicy were aware of the Senate ac-
o|, and she continued to serve on
nioriB 12-member board until Dec. 4,
orkskJPSl when a routine audit of the
“What she told me was
that no one had notified
her. ”
— William Nail, Texas
State Board of Dental Ex
aminers.
board revealed that Tucker had not
been confirmed by the Senate.
“What she told me was that no one
had notified her, and no one noti
fied me,” Nail said. “I really don’t
know whose responsibility it is, but
I’ll make my own inquiries from now
on.”
Nail asked Mattox if disciplinary
cases Tucker voted on could be af
fected and if she was liable for the
$1 1,735 which she received in the
form of travel reimbursement and
per diem.
Mattox said prior attorneys gen
eral opinions agree that the Texas
Constitution “provides that ‘If (a re
cess appointee is) rejected (by the
Senate), said office shall immediately
become vacant . . . ’ ” and “a recess
appointee has no right to hold over”
under the constitution “after the
Senate refuses to confirm him.”
“To treat Tucker as a de facto of
ficer between May 26, 1983, and
Dec. 4, 1984, would sanction, if not
actually encourage, oversights of this
nature,” Mattox said. “This is not
sound public policy.”
Mattox said what effect Tucker’s
service has on disciplinary cases
must be determined on a case-by-
case basis
The attorney general also con
cluded that Tucker was not entitled
to travel reimbursement and per
diem after May 26, 1983.
Asked if the agency would seek
repayment, Nail said the matter
would be referred to Mattox’s office.
“I’m sure he will look at the mer
its, what’s equitable,” he said. “She
had legitimate expenses. It’s not like
they were invalid.”
THE SCIENCE-FiCTlOM
FANTASY ORJSANIXATION
tnw
TUESDAY
JAN.
Its)
301. RODPE.R.
&: 30 P.nv
8 records show Clements
ceived out-of-state funds
peer Associated Press
f pr 4 ALLAs ~ Former Texas Gov.
' or lill(Elements has received hundreds
fout-of-state contributions, includ-
tu< *®wi° r e than $25,000 from a New
;e P- 'oli City luncheon hosted by for-
'°P‘ e M Secretary of State Henry Kissin-
er > Waccording to state campaign re-
prds.
■ecords show Clements, a Dallas
■ executive, received almost
? B,000 from more than 250
J Bees beyond Texas’ borders in his
Bessful 1978 race for governor,
^Dallas Times Herald reported
oSbday.
Bements criticized Gov. Mark
fete earlier this month for accept-
feut-of-state contributions.
Bhe out-of-state donations
'the” firiclled after Clements’ first year
Brice. But the Times Herald said
to ^continued to receive support
hdp' om outside the state in his two sub-
iarkei|uent bids for the governor’s of-
getsofe.
i 21" Clements campaign spokesman
withe®the former governor intended
I to criticize White for actively
ness i«ing outside money. Spokesman
he Bashur said Clements will
landfi
y of *:
ed ait:
id ab.
>gram
the a
CM II
f
continue to accept unsolicited contri
butions from non-Texas supporters.
Clements, in a news conference
earlier this month, said he consid
ered it “a bad mistake” for White to
accept out-of-state contributions.
Clements said that he had “never”
taken contributions from outside
Texas and that he would not raise
money outside Texas in his current
campaign to unseat White.
Total contributions reported by
Clements at the end of 1985 were
$390,000, including $6,000 from
out-of-state donors. White reported
$3.9 million in contributions, includ
ing $204,000 from out-of-state sup
porters.
Clements, at a breakfast session
with the Capitol press corps Jan. 7 in
Austin, said the incumbent Demo
cratic governor “is making a bad
mistake. . . .”
White’s activity indicates he is
more concerned with positioning
himself for a possible national cam
paign in 1988 than with governing
Texas, Clements said.
The Times Herald said Clements,
asked at the breakfast whether he
would accept out-of-state contribu
tions, replied, “I never have.”
Clements, asked whether he
would take non-Texan donations
during this year’s race, said, “I don’t
plan to, no.”
Bashur said Clements benefited
from several fund-raising events
outside Texas during the 1978 cam
paign but now considers them to
have been a mistake.
“He thinks that those (events) in
’78 were a bad thing, and he learns
from past mistakes,” Bashur said.
Representatives of White’s cam
paign said Clements hurt his credibi
lity b
out-ol-state money.
BUSINESS
Career Fair Banquet
February 4 at the HILTON
Cash bar at 5:30
Dinner at 7:00
Tickets on sale now thru January 31
BLOCKER LOBBY
Have dinner with the recruiter of your choice
ONLY $8.00
Watch The Battalion for more Business Career Fair Information
ity by saying he had never taken
-of-!
Battalion Classified
White’s campaign treasurer, Aus
tin lawyer Shannon Ratliff, said, “I
think it’s interesting because the
keystone of (Clements’) campaign
thus far has been (White’s) credibil
ity, and it seems to me his own cam
paign reports have undermined
his.”
845-2611
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