Case Information

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July 17, 1975 Opinion No. H- 643 Joe Max Shelton

Cirayaon County Attorney

Sherman, Texas 75090 Re: Authority of commirrionerr

court to reduce the ralary of a county attorney after the budget hearing.

Dear Mr. Shelton:

You have requeated our opinion regarding the authority of a commir- eionerr to reduce the salary of itr county attorney after budget hearing haa been held and ralariea have been set.

You state that the 1975 budget approved by the Commisrioners Court of Grayaon County on Augurt 27, 1974, included a $1, 200.00 annual ralary 13. 1975, the Court net increase for all elected county officiala. On January the ralariea for such elected officiala in accordance with the amounta approved Then, on February in the budget. 18, 1975, the Commiraionera Court deter- that the county attorney mined ahould be excepted the general salary increare and fixed hia salary at the amount paid by the State. ir one of number of counties

&ay#on County to which a.:: .ie 332b, That statute V. T. C. S., ia applicable. fixer the county attorney’0 salary at paid by the rtatr: to district “an amount equal to the compensation attorneys ar authorized by article 5, rection 21, Conrtitulion of Texar.” Thir amount, is paid to the county by the State, but the statute further provider that the may pay “euch ddtional amount which the commiarionere court of the county fixer aa adequate in itr dircretion compensation. ” The commirrionera court is attempting to reduce the salary of the county attorney thir previously approved “additional amount” of $1, 200.00. Whether or not auchaction in valid dependa upon an interpretation of article 3912k, V. T. C. S., which provider, in pertinent part:

.- . . . Joe Max Shelton, palo 2 .

The Honorablr Section 1. Except aa otherwire provided by thir Act and rubject to the limitationa of thia Act, of each county ahall fix the

commiaaionera amount of compensation, office expense, travel

expenre. and all other allowancea for county~ and precinct officiala and employees who are paid wholly funda, but in no event shall such salaries from county be set lower than they exirt at the effective date of thlr Act.

Sec. 2(a). The salaries. and other expenree,

allowancea of elected county and precinct officerr ehall be ret each year during the regular budget haring and adoption proceedlngr on gtving notice ar provided by thia Act.

In Attorney General Opinion H-11, (19731, we held that section 2 of article 3912k, by requiring that the ralariem of “elected county and precinct offkerr . . . be Bet each year during the regular budget hearing,” meana that the arkrice of elected offlctala, once set during the budget hearing, may not be increared fircal year. Implicit in this conclusion ta the corollary that the ralarier of there officiala may not be decreased until the next f&al y:ar. But ree, Attorney General &i?ion H-314 (1974).

It ir our oplnion, that rection 2 of article 3912k. unlike section 1. ir not limited to elected county and precinct officers “who are paid from wholly fundr” and therefore to county attorneya in part with rtate fund@. We are #upported in thia poeitton by rub- paid rectlon 7(l) of article 3912k which epecifier: *3 Joe Max Shelton - Page 3

Nothing in thir Act to compenratlon; expenrer or llowancee of: (1) dirtricl attorneyr, wholly paid rtate fund., or their aarletantr, inveatigatorr or other amployeer. . . (Emphair added). all persona paid a county

Unlerr ralary are covered by section 2 of article or partly with funda rupplted by the atate, 3912k even though paid entirely the exception regarding dirtrict attorney0 paid “wholly ” by atate funde ia unnecer- rary and meaninglear. District attorneyr, like county attorneyr, receive a bare salary the rtate, rubject to being rupplemented by some CPI ntiea [ace article 3aa6j, V. T. C. S. I.

Accordingly, it ia our opinion that, on the barir on H-11 (1973\, salary of the county attorney may not be reduced below the amount set at the fiacal year. annual budget hearing until the following

SUMMARY The Commiaaionera Court may not reduce the salary of county attorney below the amount ret at budget hearing fircal year. Very truly youra. *ROVED:

, Firrt Assistant

C. ROBERT HEATH, Chalrman --

Opinion Committee

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