Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Aubr ey Robiron
Dear Sirs
We eoknowledg ur letter o? rsoent date, reedlng es
t
soholastios hare ark, end eooording Bred by your d8part- Ot' OOUAtJ superhtend- he period for which the Department cb Eduoatioa has re- ary from $2000,to jlSO0, aIlAU3lly perintendent has In his pos,ression ten by this sam auditor on Meroh ch time this same question exactly arose, end he ruled as follows:
et
This Department has held consistently for a number of yeerr that the salary of thr could not be rsduoed durFng the superintendent term for the reason that he is eleoted to the office upon thst basis, eAd therefore ee loag as the incu:nbent holds the otflce he is entitled *2 Honorable Aubrey Robleon Paer 2
Vhr Cpaestlon to be answered 1s: ** Can the 83. ary of the County Super- intendent of ldorrle County be reduoed from $2000 to $1800 annually, beoause of the drop Ln roholastlos or must it remain nt $2000?*"
Replying to the above question you arc advised that opl~lon O-1833 olted by you dealt only with the Of the OXlSteAO6 Of the Offi Of COUety Super- qU06tiOA intendent rrh6~ the 8oholastlo 06~8~6 fells below 3000, (end oartaln related questions) but did not de61 with the qusstion of the relary o? the Oounty Superintend6nt.
The salary of the Superlntsndsnt le fixed by Article 2700.' R.C.S. 1925 rhloh reads es follower
"The 616OtlVE COllQty SUp6riAttXld6RtB shall reoslts from the Avalleblo Sohool Fund of their rsspectlve oountles annusl salaries bass6 on the roholastlo population of suoh oountlrs ee r0li0n0:
nPopuletlon
3000 or less
3ooa to is000
4001
". . . .
"In making the annual budget for County Admlnlstretlon expenses the County Sohool t'l'USt6W sh311make 6llOWaAO6 Out Of the State Available Sohool Fund for salary and 6Xp6AB88 Of OffiCe Of tb? COUAty SUp6F- IntendeAt end the name shell detsrmlned by the resident scholestlo population of the oounty. It shell be the duty 0: the County Board of Trustees to file the budget for county edainistrstlon expense with the %Cste Depqrtment o- C Eduoation on or beiora September first of eaoh soholastlo year, the budgst to be approved snd 06rtiff6d to by Fresldent County Roard of Fducqtim and attested
Honornblr Aubrey Roblson Page 3 by the County Superlntsadent. The oaf&-
psrrsatloo herein provided for 8hsll be paid mOAthly upon the order Of the County Sohool Tru8tses; provided that the 6alery for the tember shall no6 be paid until month of Se UperinteAdent preasnts 6 reoaipt i from the State Superintendent rhowing thst he has made all reports required oi him,*
Thls~ de artment, in o lnlon Ho. O-&806, held that when the soho astlo populat 4 OA is lnoreassd frca a P lower to a higher breoket, the salary County Super- is oorrespoadlngly lnor66664, and we think thr intendant rams au10 should applied when the 6oholaatlo population 18 deoraased.
You are advised that the ralary of County Superintendent of Morris County 16 $1800 80 long a8 the soholastlo population r eavlne below 3000, but if it should increese ln the next or sny suooeeding odnsu6 h%s salary will b6 oorrespondingly Increased, in eooordenos with the salary soh6dule oontsLn6d in hrtiole 2700...
Yowp very truly-,.
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