Case Information

*1 The Attorney Gene.ral of Texas March 19, 1981

MARK WHITE

Attorney General

Honorable James Warren Smith, Jr. Opinion No. k!+S99 Prio County Attorney

P. 0. Box V Re: Grievance procedure under Pearsall, Texas 78061 article 391214 V.T.C.S. Dear Mr. Smith:

You ask two questions concerning the grievance procedure provided in article 391214 V.T.C.S. You first ask:

Once a grievance committee has met and taken formal action, but less than an unanimous concur- rence was reached as to raising the aggrieved parties salaries, then may those elected officials continue to file repeated written requests for the reconvening of ,220 ONI” ha.. SUIN 202 said committee to reconsider their grievances or No!man.Tx.m 71- must said officials wait until the next budgetary

hearing to file their written grievances at which time their salaries would be re-set for the ~followhig budgetary year?

Article 391214 V.T.C.S., authorizes the ,commissioners court to’~sat the salaries and expenses of county officers and employees. A grievance 42CS N. lath, SuIta B committee is established pursuant to section 2 of article 3912k. An elected Mcubn. TX. 73301 county or precinct officer “who is aggrieved by the setting of hi salary, 51-7 expenses, or other allowance by the commissioners court may request a hearing before the committee: It Sec. 2(d) (emphasis added). The statute IS 200 MaIn Plu4. sun9 u-m phrased in the singular. We believe a single grievance.entitles the official to San AMlo. TX. 7szM a single appeal through the grievance procedure. The elected officials may s12/2s4101 not, have the committee reconvened repeatedly in order to consider their

salary setting.

Your second question arises from the fact that the public members of the grievance committee are drawn from persons who served on’grand juries during the preceding calendar year. Your question is as follows: Are grand jurors, who are selected in accordance with this article, entitled to a fee for their services on the grievance committee as they would be if they were actually serving on a grand jury?

p. 985 *2 Honorable James Warren Smith, Jr. - Pege Two

Article 2122, V.T.C.S., provides for the payment of each grand juror for each day or fraction of a day that he serves as a juror. We believe that service on the grievance committee does not constitute service as a juror. Service as a public member of the grievance committee is voltmtary and does not carry compensation under article 2122.

SUMMARY An elected county or precinct officer who is aggrieved by the setting of his salary under article 391214 V.T.C.S., is entitled to one appeal through the grievance procedure per salary setting. The public members of the grievance committee who are &awn from grand jury lists are not entitled to payment under article 2122, V.T.C.S., as grand jurors for service on the grievance committee.

JOHN W. FAINTER, JR.

First Assistant Attorney General

RICHARD E. GRAY III

Exeoutive AssIstant Attorney General

Prepared by Susan L. Garrison

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

Susan L. Garrison, Chairman

Jon Bible

Walter Davis

Rich Gilpin

Bruce Youngblood

p. 986