Case Information
*1 The Attorney General of Texas July 28, 1983
JIM MATTOX
Attorney General
Supreme P. 0. BOX 12548 5121475-2501 Austin, Telex Telecopier 9101674-1367 TX. 78711- Court Building 512147’50266 [2548] Honorable Britt Plunk Hardin County Attorney Kountse, Texas 77625 P. 0. Box 516 year and whether district judge deputies at any time during the raise salaries of county auditor's Opinion No. JM-49 lk: Whether district judge may
may appoint court coordinator and 1607 Main St.. Suite Dallas, 214/742G3944 TX. 75201.4709 [1400] Dear Mr. Plunk: authority set salary in absence of statutory 4624 Alberta Ave., Suite 9151533.3484 El Paso. TX. 79905-2793 7131650.0666 tiouston. .k 20 oallas Ave., Suite 202 TX. 77002-6966 [160]
auditor has made proper application for any such raise.1 V.T.C.S. direct the commissioners court to raise the salaries paid to assistants in the county auditor's office at any time during the art. 1650. course of the county's budget year. [We presume that the county You have asked whether the district judge of Hardin County may Article 1645, V.T.C.S., requires the appointment of a county 606 Broadway. Suite 312 auditor in Hardin County. The district judge or judges of the county Lubbock. TX. 79401.3479 determine the salary to be paid to the county auditor. This salary of 8061747.5236 the auditor may be increased during the course of the budget year.
Attorney General Opinion H-1266 (1978). See Attorney General Opinion M-678 (1970). The authority to hire andcompensate assistants and 4309 N. Tenth, Suite B McAllen. TX. 76501-1685 deputies in the county auditor's office is contained in article 1650, 5121682-4547 V.T.C.S. This statute provides that the auditor shall apply "at any
time" to the district judge for the appointment of named assistants and the salaries requested to be paid to them. The district judge is 200 Main Plaza, Suite 400 required to consider the appointment request from the auditor and upon San Antonio, TX. 78205-2797 approving such appointments and salaries the judge is required to: 5121225-4191 prepare a list of the appointees so approved and An Equal Opportunityi the salaries to be paid each and certify said list Affirmative Action Employer to the Commissioners Court of said county. The
Commissioners Court shall thereupon order the smount paid from the General Fund of said county upon the performance of the services; and said Court shall appropriate adequate funds for the purpose.
V.T.C.S. art. 1650.
Honorable Britt Plunk - Page 2 (JM-49)
Article 1650 does not require that these appointments be made only once during the year and the compensation fixed for the entire budget year but it does state that the district judge "shall annually have the right to withdraw such consent and change the number of assistants permitted." It is our opinion that the district judge may, during the course of the budget year, direct a change in the county budget which increases the salaries of the assistants in the county auditor's office. Such change may be made: (1) upon a proper application made by the auditor to the district court; (2) only if such action does not require county expenditures in excess of anticipated revenue of the county for that year; and (3) only if amendment of the county budget is made in compliance with law. Attorney General Oninion O-284 (1939). See Attornev General Ooinions MW-169 *(1980); H-i238 (1978); 'H-314 (1974); H-11- (1973); V:T.C.S. arts. 3912k, 689a-20; Southland Ice Company V. City of Temple, 100 F.2d 825 (5th Cir. 1939); Neptune V. Renfro, 586 S.W.2d 596 (Tex. Civ. APP. - Austin 1979, no writ).
Your second question concerns the appointment of a court coordinator for the district court. You ask whether the district judge may appoint such a person and direct the commissioners court to pay a specified salary. We find no authority for the district judge to unilaterally create such position and compel the county commissioners court to pay the specified salary. Only those district courts in counties with a population of over 700,000 which hear primarily criminal matters are authorized to establish and maintain a court coordinator. V.T.C.S. art. 1918a. See Attorney General Opinion MN-315 (1981). The appointment and salaryof such court coordinator is determined by the district judges. See also, V.T.C.S. arts. 1934b (court administrator for county courts at law); 1934c (court manager and coordinator in counties of 2,000,OOO in population). With regard to support personnel of the court, the district court of Hardin County is entitled only to the services of the district clerk, article 199(88), section 10, and official shorthand reporter, id. section 12. We note that the commissioners court may in its discretion provide "adequate secretarial personnel" to a district officer. V.T.C.S. art. 39121. However, in the absence of any statutory authority the district judge may not unilaterally appoint and set the salary for a court coordinator.
SUMMARY A district judge is empowered to increase the salaries of assistants in the county auditor's office at any time during a budget year. A district judge m=Y not appoint a court coordinator.
Very truly you J & k& JIM MATTOX Attorney General of Texas *3 .
Honorable Britt Plunk - Page 3 (JM-49)
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, Acting Chairman
Jon Bible
David Brooks
Colin Carl
Jim Moellinger