Opinion No.
Background
- Collin County Auditor asked Texas Attorney General for guidance on commissioners court authority under Local Government Code 157.021 over hours, overtime, compensatory time, and timekeeping.
- Collin County has a 40-hour standard workweek for county employees; elected officers sometimes grant time off causing less than 40 hours in a week.
- Disputes arose about whether the commissioners court may withhold partial salaries and benefits when employees do not meet the 40-hour week.
- Questioned whether the court may impose overtime rules and compensatory time, including emergency overtime and reporting requirements.
- Questioned whether the court may charge unbudgeted overtime to an elected officer’s budget or require funding within the officer’s budget.
- Questioned whether the court may mandate the method of timekeeping used by employees whose compensation is set or approved by the court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the court withhold partial salaries and benefits for not meeting 40 hours? | May argues 157.021(a) allows enforcement of hours; may withhold if not impeding core duties. | Collin County contends discretion to enforce hours could intrude on officer’s duties; balance required. | Court may withhold partial salaries/benefits if core duties aren't impeded. |
| Can the court withhold unbudgeted overtime when an emergency is not declared? | May cites 157.021(b) allowing overtime control; emergency may excuse overtime. | Court can prohibit unbudgeted overtime except during emergencies declared by officer or court. | Court may not withhold unbudgeted overtime when an emergency has been declared. |
| May the court seek to recoup overtime from an officer’s budget when overtime is unbudgeted and no emergency is declared? | GA-0778 discusses budget transfers; office resources belong to officer; recouping may hinder duties. | Court may reallocate county resources but not deduct from officer’s budget without consent. | Court may not unilaterally deduct emergency overtime from an officer’s budget without consent; budget controls limited by officer’s duties. |
| May the court mandate timekeeping methods for employees of elected officers? | Court has broad authority to enforce hours and measure compliance. | Officer retains control over deployment of assets; timekeeping method should serve core duties. | Court may mandate timekeeping method to ensure compliance with hours rules. |
Key Cases Cited
- Griffin v. Birkman, 266 S.W.3d 189 (Tex. App.-Austin 2008) (recognizes broad discretion of commissioners court within express powers)
- Canales v. Laughlin, 214 S.W.2d 451 (Tex. 1948) (limits on interference with official's public duties)
- Pritchard Abbott v. McKenna, 350 S.W.2d 333 (Tex. 1961) (core sphere of elected officer's authority)
- Agan, 940 S.W.2d 79 (Tex. 1997) (discretion over hours and budgetary matters; limits on interference)
- Phillips v. Bramlett, 288 S.W.3d 876 (Tex. 2009) (statutory interpretation of emergency and authority)