ALL PUBLIC OFFICERS ARE TRUSTEES
Black’s Law Dictionary, Abridged 6th Edition, p. 1230:
Public Office “Essential characteristics of a ‘public office’ are:
(1) Authority conferred by law,
(2) Fixed tenure of office, and
(3) Power to exercise some of the sovereign functions of government.
(4) Key element of such test is that “officer is carrying out a sovereign function’.
(5) Essential elements to establish public position as ‘public office’ are:
(a)Position must be created by Constitution, legislature, or through authority conferred by legislature.
(b)Portion of sovereign power of government must be delegated to position,
(c)Duties and powers must be defined, directly or implied, by legislature or through legislative authority.
(d)Duties must be performed independently without control of superior power other than law, and
(e)Position must have some permanency.”
[Black’s Law Dictionary, Abridged 6th Edition, p. 1230]
63C Am.Jur.2d, Public Officers…
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