Untitled Texas Attorney General Opinion ( 1981 )

The Attorney Gene.ral of Texas March 19, 1981 MARK WHITE Attorney General Honorable James Warren Smith, Jr. Opinion No. k!+S99 Prio County Attorney P. 0. Box V Re: Grievance procedure under Pearsall, Texas 78061 article 391214 V.T.C.S. Dear Mr. Smith: You ask two questions concerning the grievance procedure provided in article 391214V.T.C.S. You first ask: Once a grievance committee has met and taken formal action, but less than an unanimous concur- rence was reached as to raising the aggrieved parties salaries, then may those elected officials continue to ,220 ONI” ha.. SUIN 202 file repeated written requests for the reconvening of No!man.Tx.m said committee to reconsider their grievances or 71- must said officials wait until the next budgetary hearing to file their written grievances at which time their salaries would be re-set for the ~followhig budgetary year? Article 391214 V.T.C.S., authorizes the ,commissioners court to’~sat the 42CS N. lath, SuIta B salaries and expenses of county officers and employees. A grievance Mcubn. TX. 73301 committee is established pursuant to section 2 of article 3912k. An elected 51-7 county or precinct officer “who is aggrieved by the setting of hi salary, expenses, or other allowance by the commissioners court may request a hearing before the committee: It Sec. 2(d) (emphasis added). The statute IS 200 MaIn Plu4. sun9 u-m San AMlo. TX. 7szM phrased in the singular. We believe a single grievance.entitles the official to s12/2s4101 a single appeal through the grievance procedure. The elected officials may not, have the committee reconvened repeatedly in order to consider their salary setting. Your second question arises from the fact that the public members of the grievance committee are drawn from persons who served on’grand juries during the preceding calendar year. Your question is as follows: Are grand jurors, who are selected in accordance with this article, entitled to a fee for their services on the grievance committee as they would be if they were actually serving on a grand jury? p. 985 Honorable James Warren Smith, Jr. - Pege Two Article 2122, V.T.C.S., provides for the payment of each grand juror for each day or fraction of a day that he serves as a juror. We believe that service on the grievance committee does not constitute service as a juror. Service as a public member of the grievance committee is voltmtary and does not carry compensation under article 2122. SUMMARY An elected county or precinct officer who is aggrieved by the setting of his salary under article 391214 V.T.C.S., is entitled to one appeal through the grievance procedure per salary setting. The public members of the grievance committee who are &awn from grand jury lists are not entitled to payment under article 2122, V.T.C.S., as grand jurors for service on the grievance committee. JOHN W. FAINTER, JR. First Assistant Attorney General RICHARD E. GRAY III Exeoutive AssIstant Attorney General Prepared by Susan L. Garrison Assistant Attorney General APPROVED: OPINION COMMITTEE Susan L. Garrison, Chairman Jon Bible Walter Davis Rich Gilpin Bruce Youngblood p. 986