Case Information
*1 The Attorney General of Texas F&cuary 21. 1986
JIM MATTOX General Supreme Court Buffdin [51214752501] Telex 8101874-1397 P. 0. BOX 12949 Aw,tih. TX. 7971% 2549 Telecoplar 51214750266 Emotablt Daniel W. Shindlar District Attorney P. 0. 2280 Bay City, Texas ,7'1414 Drawer Et: Whether an elected mayor may receive a salary increase at any opinion No. a-442 time during his term
Dear Mr. Shindler: 714 Jackwn, Suite 700 Dallas. TX. 752024S99
You ask whet&r an elected mayor of a general law city may 214l742-9944 receive a salary increase at any time during his term or whether any
such increase must take effect in the two-year term subsequent to that during which the salary increase was adopted. We conclude that 4824 Alberta Ave.. SuitS 180 article 1010, V.T.C..S., acts as an absolute impediment to the mayor El Paso. TX. 799052793 receiving an incraast in salary during his tern. 91- 1001 Texas, Suite MO Houston, lx 77w2a111 [71312236999] Article 1010. V.T.C.S., provides the follouiug: The city couucil shall, on or before the first day of January next preceding each election, fix the 806 Broadway.Sulte 9ow747-5239 Lubb%k. TX. 79401-3479 [312] the comptnsaM.on to be paid to officers elected or elected Ict the next regular election, and fix the appointed by the city council. The compensation salary aa'd fees of office of the mayor to be
so fixed shall not be changed during the term for
4309 N. Tenth, Suite 6 whfch sa:3 officers shall be elected or appointed. McAllen, TX. 79501-1885 (Emphasir~ added). 512m&?*S47
It has been suggested that courts have construed the date provisions 290 Main Plaza. Suite 400 of the statutory pztrdtcessors of article 1010 to be permissive and not sari Antonio. TX. 792U52797 mandatory; therefore, it is suggested, a salary increase adopted at 512l225419l any time during izhe mayor's term is effective for that term not
withstanding the plain terms of the statute. We disagree with this construction of the cases construing article 1010 and conclude that An Equal OppWtunitYl the plain terms of article 1010 prohibit such an increase. Afflrmatiw Action EfIlPlOYer
There is a :L:Lna of casts which hold that the provisions of article 1010 whic:h. require city council action on or before the January 1 next preceding each election are directory and not man- datory; none hold, however, that a salary increase may be approved and made effective during the term of office of the officer whose salary is to be increased. As the court in City of Uvalde v. Burney. 145 S.W. 311. 312 (Tex. Civ. App. - San Antonio 1912, no writ) declared:
Eonorable Daniel W. Shindlel, - Page 2 (JM-442)
The law in question is affirmative in requiring that the salarlelr of the city officers shall be fixed at a certain time, and we think [it] is merely directory. It will be presumed that the [llegislature intruded what was reasouable, and it would not cripple, or completely break down, a municipal corpora:ion by a failure to name salaries at a certain tiacz. The time is not essential to the perfect operetion of the law, and there is really but one maidatory provision in it, and that is that when they salary has been once fixed or established it shztl uot be changed during the term for which the o&cer was elected or appointed.
That provision 1; negatively expressed, and mst necessarily be ma&atory. The -directions as to the time at which t1.e appropriation for the salaries should be made is :not of the essence of the duty to be performed; the main object of the law being to prevent an iucreas,e in salary during the incumbeacy la office. (Emphasis added).
(Tex. Civ. App. 137 S.W. 417 (Tax. Civ. App. - Austin 1911, no writ). Neither article
1010 (nor Its prtdectsso~s) uor the casts construing the statute permit the aalary of a mayor to be increased and made effective during that officer's term. We must interpret the statute in a way which
expresses only the will of the makers of the law, not forced aor cjtraintd, but simply such as the words of the law in their plain sense fairly sanction and will. clearly sustain.
Railroad Commission of Tenas v. Miller. 434 S.W.2d 670, 672 (Tex. 1968). The plain terms ofythe statute clearly forbid any increase la compensation during the tam for which the mayor is elected.
SUMMARY The salary of a mayor of a ganeral law city may aot be incrsased during the term for which the mayor is elected.
JIM HATTOX Attorney Ceaeral of Texas *3 Bonorable Daniel W. Shindltr - Page 3 (JM-442)
JACKHIGETOWER
First Assistant Attorney Gentera
MARY KELLER
Executive Assistant Attorney General
ROBERT GRA-f
Special Assistant Zzneral
RICK GILPIN
Chairman. Opinion Committee
Prepared by Jim Moellinger
Assistant Attorney General