We have received your request for an opinion on the above subject. We also received from you copy of an opinion written by the Honorable Miss Anglin, District Attorney of Gregg County, which holds, in substance, that the Commissioners' Court has the authority to employ an individual to take and maintain an inventory of county property and to keep such individual employed so long as in their discretion they deem it necessary. We are inclined to agree with Mr. Anglin's opinion in this respect and, in support thereof, we cite Opinion No. 0-6463 from this department holding, in substance, that the salary of an assistant custodian and inventory clerk must be paid from the General Fund of the county. We enclose herewith a copy of said Opinion No. 0-6463.

In your request you further ask the following question: "If the Court is authorized to employ a person to take and maintain such inventory and such person performs entirely different duties or no official duties pertaining to an inventory what is the duty, if any, of a county auditor with respect to approval of warrant for payment of such employee?"

*2

Honorable R. S. Wyche, Page 2

Article 1651, Revised Civil Statutes of Texas, makes it your duty to "see to the strict onferoement of the lav governing county finances". Generally speaking, your duty in such situations would be to satisfy yourself, first, that the person se employed is engaged in performing certain duties as authorized by his contract of employment with the Comissioners' Court, and, second, that such duties are in the discharge of "county business". In this respect ve point out that the term "county business" should be given a broad and liberal construction so as not to defeat the purpose of the lav. And it is held that the Comissioners' Court has implied authority to do what may be necessary in the exercise of the duties or powers conferred upon them. (City National Bank v. Presidio County, 26 S. W. 775; Glenn v. Dallas County Boia d' Aro Island Leveo District, 275 S. W. 137). However, in regard to the particular situation in question, ve have ruled that such type of employment as contracted for is authorized by lav; therefore, your duty in this respect is as felJove: As Article 1661, Revised Civil Statutes of Texas, provides that all varents on the county treasurer, except varents for jury service, must be countersigned by the county auditer, your remedy, in the event you determined that such employee is not diaoharging the duties for which he is employed to perform as per your question, would be for you to refuse to countersign varents on the county treasurer issued to such employee.

Trusting the foregoing fully answers your question, ve are

Tours very truly,

ATTORNEY GENERAL OF TEXAS By Robert I. Lattimore, Jr. Assistant

RLL/JCP

Enclosure-1