Case Information
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The Attorney General of Texas July 26, 1984 JIM MATTOX
Attorney Gerikral Honorable Larry W. ~illison Opinion No. JM-182 Supreme Court Building Lampasas County Atwmey P. 0. Box 12546 Ret Whether a commissioners P. 0. Box 95 Aus!in. TX. 76711.2546 512/47&2501 Lampasas, Texas ?li550 court is authorized to estab- Telex 9101674-1387 lish working hours for elected Telecopier 512/475-0266 county officials Dear Mr. Allison: 714 Jackson, Suite 700 Dallas, TX. 75202-4506 214/742-6944
You have requtsted our opinion regarding the authority of the
commissioners court to dictate the office hours to be observed by other elected county officials. You have asked specifically whether 4624 Alberta Ave., Suite 160 the commissioners I:ourt has authority to order offices to be open El Paso, TX. 799052793 Q15/533-3464 during the lunch hollr. It is our opinion that the commissioners court lacks authority tc' enter an enforceable order, punishable under the rc- court's contempt authority, which instructs independently elected .Wl Texas, Suite 700 county officials to maintain specified office hours. Houston. TX. 77002-3111 Attorney Gene::al Opinion O-6679 (1945) determined that the commissioners court, being of limited jurisdiction, lacked authority 606 Broadway, Suite 312 to adopt a 6-day! 48-hour work week for all county offices. It Lubbock, TX: 79401-3479 further concluded that the county auditor did not have authority to 6061747-5236 deduct amounts fcm the salary checks for those officers not maintaining office hours "ordered by the commissioners court." See 4309 N. Tenth. Suite S generally Tex. Const. art. XVI, 910 (authority of legislature= McAllen, TX. i6501-1665 provide for deduct,lons in pay for public officials neglecting official 512/662-4547 duties). There is no enabling legislation under this provision of the
constitution which allows a commissioners court to reduce the pay of 200 Main Plaza, Suite 400 county officials who do not observe specified office hours. Cf. San Antonio, TX. 76205-2797 Miller v. James, 366 S.W.2d 118 (Tex. Civ. App. - Austin. 1963,x 512/2254191 (court may not provide deductions in pay in absence of enabling writ) legislation); but cf., &torney General Opinion MW-438 (1982) (authority of commissioners court to control conditions of employment An Equal Opportunityl for county employeet:1). Alflrmative Action Employer
Attorney Ger.f ral opinion C-350 (1964) concluded that a constitutional cocrty official could close his office on Saturdays without the consent and approval of the commissioners court. The opinion relived on Attorney General Opinion O-6679 (1945) and the fundamental propoxtion that a commissioners court has only that authority which is conferred upon it either explicitly or by *2 Honorable Larry W. Allison - Page 2 (JM-182)
Implication by the state constitution and statutes. Canales v. Laughlin, 214 S.W.2d 451 (Ter. 1948).
Attorney General Opinicn M-1197 (1972) held that a commissioners court did not have the autt,crity to compensate a justice of the peace on an hourly ba,sis for tt,cse hours actually worked for the reason that, in 1972, a justica! of the peace was required under the constitution to be compensated on either a fee basis or a salary basis that an hourly rate of compensation was neither. See Tex. Const. and art. XVI, $61. The opiniclr. further reasoned that th~ommissioners court did not have the authority to establish the office hours for the office of justice of the pc!s:ce by the means of compensating him on an hourly basis. The commisslcners court does not have the authority to interfere with or usurp the duties and performance of independent county officials and employees. Pritchard and Abbott v. HcKenna, 350 S.W.2d 333 (Tex. 1961) I:c:ontract with private firm to appraise property in county).
There is no general state law which dictates office hours or the work week to be observed by county officials and employees. In counties over 500,000 population the commissioners court, pursuant to special statute, has explicit authority to adopt
rules and regulatlnrs governing the hours of work, vacations, holidir:s, sick leave, medical care, hospitalisation, compensation and accident insurance, and inductions for absences . . . .
(Emphasis added). V.T.C.S. art. 237211, 01. Counties over 200,000 population may establish a civil service commission which has the authority, among other things, to adopt rules relating to the "rights, benefits, and working conditions" of count:y employees which we believe may include the authority to adopt offix hours. V.T.C.S. art. 2372h-6. 68(s)(7); see also V.T.C.S. art. 237,!h-8 (sheriff's department civil service system in counties of more t'ran 950,000 population). A second statute gives commissioners courts of counties over 500,000 population the authority to adopt and enfor:e
reasonable regulations applying to all such deputies, assistants. employees or department heads governing the hours of work, vacations, and sick leaves, in the interest of obtaining uniform restrictions, ~:~nrditions, and regulations governing all such deputies, assistants, employees or department heads in the manner now provided by law.
V.T.C.S. art. 3912e-4a, 14. .- *3 -- ,- Honorable I.arry W. All~ison -. Page 3 (JM-182)
other statutes of narrow applicability concern the hours of work for persons employed by a county. See, e.g., V.T.C.S. arts. 6871, 5165.1, 5167a. See also Elt:c. Code art. 5.09c; Elec. Code art. 5.24a, subdivision 10 (office of tcunty elections administrator required to remain open on election day). There is, however, no general statute applicable to counties which specifies office hours or gives the commissioners court the autt.crity to determine such hours. See, e.g., V.T.C.S. art. 5165a (full-l::lme state employees required to work 40 hours per week; normal sta':tz office hours set at 8:00 a.m. to 5:00 p.m., Monday through Friday); V.T.C.S. art. 6871; see also V.T.C.S.
art. 5167a (peace officers ir counties over 500,000 population may not be required to work more than the normal county work week). We conclude therefore that the commissioners court of Lampasss County has no authority to establish office hours for other elected county officials.
SUMMARY The commissioners court of Lampasas County does not have the authority to establish office hours for other elected county officials.
JIM MATTOX Attorney General of Texas TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton