Untitled Texas Attorney General Opinion ( 1986 )

The Attorney General of Texas
JIM MATTOX
F&cuary 21. 1986
Attorney General
Supreme Court Buffdin Emotablt Daniel W. Shindlar opinionNo. a-442
P. 0. BOX 12949 DistrictAttorney
Aw,tih. TX. 7971% 2549 P. 0. Drawer 2280 Et: Whether an electedmayor may
51214752501 Bay City, Texas ,7'1414 receive a salary increaseat any
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Telecoplar 51214750266
time duringhis term
Dear Mr. Shindler:
714 Jackwn, Suite 700
Dallas. TX. 752024S99
You ask whet&r an elected mayor of a general law city may
214l742-9944
receivea salary increaseat any time during his term or whether any
such increasemust take effect in the two-yearterm subsequentto that
4824 Alberta Ave.. SuitS 180 during which the salary increase was adopted. We conclude that
El Paso. TX. 799052793 article 1010, V.T.C..S., acts as an absolute impedimentto the mayor
91- receiving an incraastin salaryduringhis tern.
1001 Texas, Suite MO
Article1010. V.T.C.S.,providesthe follouiug:
Houston, lx 77w2a111
71312236999 The city couucilshall,on or before the first day
of January next precedingeach election,fix the
salary aa'd fees of office of the mayor to be
806Broadway.Sulte
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elected Ictthe next regular election,and fix the
Lubb%k. TX. 79401-3479
9ow747-5239 comptnsaM.onto be paid to the officerselectedor
appointedby the city council. The compensation
so fixed shall not be changedduring the term for
4309 N. Tenth, Suite 6
McAllen, TX. 79501-1885
whfch sa:3 officersshall be electedor appointed.
512m&?*S47 (Emphasir~added).
It has been suggestedthat courts have construedthe date provisions
290 Main Plaza. Suite 400 of the statutorypztrdtcessors
of article1010 to be permissiveand not
sari Antonio. TX. 792U52797
mandatory; therefore,it is suggested,a salary increaseadopted at
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any time during izhemayor's term is effective for that term not
withstandingthe plain terms of the statute. We disagreewith this
An Equal OppWtunitYl constructionof the cases construingarticle 1010 and conclude that
Afflrmatiw Action EfIlPlOYer the plain terms of article1010 prohibitsuch an increase.
There is a :L:Lnaof casts which hold that the provisions of
article 1010 whic:h.require city council action on or before the
January 1 next preceding each election are directory and not man-
datory;none hold, however,that a salary increasemay be approvedand
made effectiveduring the term of office of the officerwhose salary
is to be increased. As the court in City of Uvalde v. Burney. 145
S.W. 311. 312 (Tex.Civ. App. - San Antonio 1912,no writ) declared:
p. 2013
EonorableDanielW. Shindlel,
- Page 2 (JM-442)
The law in question is affirmativein requiring
that the salarlelrof the city officers shall be
fixed at a certain time, and we think [it] is
merely directory. It will be presumed that the
[llegislature intrudedwhat was reasouable,and it
would not cripple, or completelybreak down, a
municipalcorpora:ionby a failureto name salaries
at a certain tiacz. The time is not essentialto
the perfect operetion of the law, and there is
reallybut one maidatoryprovisionin it, and that
is that when theysalary has been once fixed or
establishedit shztl uot be changedduring the term
for which the o&cer was elected or appointed.
That provision 1; negativelyexpressed,and mst
necessarilybe ma&atory. The -directions as to the
time at which t1.eappropriationfor the salaries
shouldbe made is :notof the essenceof the duty to
be performed;the main object of the law being to
preventan iucreas,e in salaryduringthe incumbeacy
la office. (Emphasisadded).
(Tex.Civ. App.
137 S.W. 417 (Tax. Civ. App. - Austin 1911, no writ). Neitherarticle
1010 (nor Its prtdectsso~s)uor the casts construing the statute
permit the aalaryof a mayor to be increasedand made effectiveduring
that officer'sterm. We must interpretthe statutein a way which
expressesonly the will of the makers of the law,
not forced aor cjtraintd,but simply such as the
words of the law in their plain sense fairly
sanctionand will.clearlysustain.
Railroad Commissionof Tenas v. Miller. 434 S.W.2d 670, 672 (Tex.
1968). The plain terms ofythe statuteclearlyforbid any increasela
compensationduring the tam for which the mayor is elected.
SUMMARY
The salaryof a mayor of a ganerallaw city may
aot be incrsasedduring the term for which the
mayor is elected.
JIM HATTOX
AttorneyCeaeralof Texas
p. 2014
BonorableDaniel W. Shindltr- Page 3 (JM-442)
JACKHIGETOWER
First AssistantAttorneyGentera
MARY KELLER
ExecutiveAssistantAttorneyGeneral
ROBERT GRA-f
SpecialAssistantAttorney Zzneral
RICK GILPIN
Chairman.OpinionCommittee
Preparedby Jim Moellinger
AssistantAttorneyGeneral
p. 2015