The Office of the 治安官 -- By Definition

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What is the difference between a 治安官's Department and a 治安官办公室 and why should it matter?

Black’s Law Dictionary defined the terms as follows:

 

部门: “One of the major divisions of the executive branch of the government . . . generally, a branch or division of governmental administration.”

 

办公室: “A right, and correspondent duty, to exercise public trust as an office. A public charge of employment. . . the most frequent occasions to use the word arise with reference to a duty and power conferred on an individual by the government, and when this is the connection, public office is a usual and more discriminating expression… in the constitutional sense, the term implies an authority to exercise some portion of the sovereign power either in making, 执行, 或者管理法律.

 

The Office of 治安官 is NOT simply another “department” of county government. The internal operation of an Office of 治安官 is the sole responsibility of the elected 治安官. County department heads are subordinate to a county governing body, because a “department” is truly only a division of county government. The Office of 治安官 is a statutory/constitutional office having exclusive powers and authority under state law and or state constitution. These inherent powers are not subject to the dictates of a local county governing body. The Office of 治安官 has inherent common law powers and sovereignty granted under a state’s constitution and/or state law. It is different from a county department which derives its limited authority from whatever is delegated to by statute or by state constitution.

 

The use of the “Department” implies being a subordinate unit of government (i.e. subordinate to local government – “delegated” authority from county government to department). The use of the term “Office” implies inherent powers and independent sovereignty.

(网址:www.aransascounty警长.com, derived from the 治安官 Association of Texas.)

警长协会标志


链接到 
National 治安官's Association