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HonCTom F. Coleman, Jr. O@l.ni@i’No. -O-327- Re: - IMPease Pn deputy 1 s-salary County ‘Att6mey Angellna Cdurity &id PppPoval by auditor -where Lufkln, Texas not provided for in budget. Dear Sir;

We acknowledge receipt of your letter of February 9th and wl,sh to thank you for the enclosure thereto attached.

Originally, you submitted two questions for our opln- ion but we note from the letter -and copy of an order .of the Commissioners Court attached that the question of the new Ec$- missioners’ Court’s refusal to approve the raise in iala the chief deputy county clerk voted to begin January 1, 1 39 7 and made by order prior thereto, has become moot in that s&Id salary increase appears to have been approved and acted upotr.

Ro doubt, the questlon still has a bearing on the matter now up for consideration belleve in your county and which we

is covered by the following question taken ‘from the facts submltt edr

Where the Commissioners’ Court votes an approval of, or raises the salary of the county clerk* s chief deputy in January Andy refuses to change the budget to take care of this increase In salary,~should the county .auditor refuse.to issue a warrant to cover same?”

We respectfully call your attentlon to an opinion, No. C-07, written by this Department dated January 6, 1939, and addressed to Hon. J. D. Looney, bounty Auditor, Boston, Texas, a copy of which is hereto attached.

In view of the above opinions as it might apply to your problem, it is the opinion of this Department that only In cases where the finances of the county clearly will not permit and the auditor has legal grounds upon which to base his refusal to pay such,lncrease voted in a deputy’s salary

Hon. Tom F. Coleman, Jr., page 2 (C-327)

outside the limits as fixed in the budget would the auditor be authorized to refuse such payment.

Very truly yours ATTORNEY GENISRRAL OF TEXAS By /s/ Wm. J. R. King Wm. J. R. King, Assistant WmKrAWtwb

APPROWD:

/s/ Gerald C. Mann

ATTORHMGENERALOF TEXAS

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