Case Information

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December 15, 1972 d@’ - 19 Opinion No. M-1280 Honorable Henry Rothell Texas Employment Commission Re: Whether the Commission Austin, Texas 70778 may pay for the accumulated

vacation leave of line item employees shown in Items 1 through 8 of the Texas Em- ployment Commission appro- priation from Item 9 of the Texas Employment Commission Dear Mr. Rothell: appropriation.

your request for an opinion asks the following question: "1. May the Commission pay for the accumu- lated vacation leave of line-item employees shown in Items 1 through 8 of the Texas Employment Com- mission appropriation from Item 9 of the Texas Employment Commission appropriation, which pro- vides: 'For salaries of classified positions, professional fees and services, part-time and seasonal help, estimated to be $33,495,370.'?

'(a) If the answer to question 1 is negative, from what source will the Commission make such payment?

"(b) If the answer to question 1 is affirma- tive, may such payment be made on the monthly pay- roll for the month in which the separations occur?"

Accumulated vacation entitlement is a vested right of State employees and their estates. Attorney General's Opinions M-1075 (19721 and M-1252 (1972). It was held in Attorney General'8 Opinion M-1252 (1972) that employees for whom line item appropria- tions are made may be paid for accumulated time from other salary funds.

Items 1 through 9 of the appropriation to the Texas Employment Commission provide:

.-6284-

r (M-12.80) Hon. Henry Rothell, page 2

"For the Year Ending August 31, 1973 -_-------__ "1. Commissioners (3 at 85,500 s

$28,500 each)

2. 25,500

3. Associate Administrator 24,500

4. Employment Service Director 23,000

5. Unemployment Insurance 23,000

Director

6. Assistant Administrators 42,000

(2 at $21,000 each)

7. General Counsel 21,000

8. Assistant Attorneys General IV 63,000

(3 at $21,000 each)

9. For salaries of classified

positions, professional fees

and services, part-time and

seasonal help, estimated to be 33,495,370" In Attorney General's Opinion M-1279 (1972) it was held that the provisions of Section 7 of Article V of the current General Appropriations Act relating to "Employees' Vacation and Leaves" are not applicable to State officials. Since the Com- missioners are State officials, terminal vacation pay may not be allowed these officials. Items 2 through 8 are line item appro- priations for salaries of employees. Therefore payment for ac- cured vacation time may be paid from other salary funds. Attorney General's Opinion M-1252 (1972). You are accordingly advised that such payment may be made from Item 9. Such payment should be sub- mitted on the monthly payroll for the month in whidh the separation shall occur. Attorney General's Opinion M-1252 (1972).

SUMMARY Payment for accrued vacation time for employees listed in Items 2 through 8 of the appropriation to the Texas Employment Commission may be paid for out of Item 9 of the appropriation to the Texas Employ- ment Commission.

ney General of Tekas *3 Hon. Henry Rothell, page 3 (M-1280)

Prepared by John Reeves

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

W. E. Allen, Chairman

Bob Flowers

J. C. Davis

Marvin Sentell

Bob Gauss

John Grace

SAMUEL D. MCDANIEL

Staff Legal Assistant

ALFRED WALKER

Executive Assistant

NOLA WHITE

First Assistant