Untitled Texas Attorney General Opinion ( 1961 )

AUBTIN ai. TEXAS
September 7, 1961
Honorable 0. B. Ellis, Mrector
Texas Department of Corrections
Huntsville, Texas
Opinion No. W-1135
Re: Calculationof pay rate of
employees of Texas Department
of Corrections In classified
positions who live in prison
houses and reaeive emoluments
as provided by the.General
Dear Mr. Ellis: AppropriationBill.
Your request for an opinion is as follows:
"The,new AppropriationBill provides that
the applicationof the Position Classification
Plan shall not result in the'reductlonof a
State employee's salary rate.
"The new AppropriationBill provides that
emolumentsbe taken into considerationalong
with monetary remunerationIn fixing the sal-
aries of employees of this Department In clas-
sified positions.
"House Bill 4 of the 56th Legislature
provides that certain employees shall live
in State houses and receive utilities and
prison-producedfood. There is no difference
In the value of the emoluments received by
employees of this Department at the present
time under House Bill 4 of the 56th Legls-
lature and what they will receive when the
new bill becomes effective September 1.
The only difference In the setup today and
that of September 1 Is that emolumentswill
be taken into considerationin fixing
salaries.
"The Texas Board of Correctionshas
approved a method of establishingvalues to
be charged various,employees for emoluments.
Honorable 0. B. Ellis, page 2 (WW-11%)
We had arrived atthe following method of fixing
the cash compensationof all employees In classl-
fled positions entitled to receive emoluments.
Take the present cash salary received and add
to that amount the value of the emoluments;then
apply the classlflcatlonplan. To the total of
the cash considerationplus emolumentswe would
add either one step or the amount required to
bring the total of salary and emoluments up to
the minimum of his pay group, whichever Is the
greater.
"If the sum total of cash and emoluments
falls between the minimum and maximum in the
designated pay group, we would add either one
full step or the amount required to bring the
salary to the maximum in the range If such
amount Is less than one full step.
"In the event the value of the cash con-
siderationplus emoluments exceeds the maximum
of the range the employee would not receive an
increase but would continue to receive the
present rate of pay because the appropriation
bill provides that no incumbent shall take a
reduction In pay.
"The cash pay of an Incumbent under the
new setup September 1 would be the total ar-
rived at as outlined above, less the value of-
the emoluments.
"In the case of a position becoming open
after September 1, the salary of the new em-
ployee would be governed by the hiring policy,
or to be more specific,would be a figure not
greater than the middle step In the classlfi-
cation range less the value of the emoluments.
"WE RESPECTFULLYREQUEST YOUR OPINION AS
TC THE FOLLOWING:
"A. IS THE METHOD OF ARRIVING AT THE CASH
CONSIDERATIONPAID EACH EMPLOYEE LIVING
IN PRISON HOUSING AS OUTLINED ABOVE
CORRECT?
"B. SINCE THE EMOLUMENTS RECEIVED BY THE
EMPLOYEES IN QUESTION ARE THE SAME IN
THE PRESENT BIENNIUM AS THEY WILL BE
IN THE NEW BIENNIUM, IS IT NOT TRUE
-Zf-
Honorable 0. B. Ellis, page 3 (W-1135)
THAT ANY REDUCTION IN MONETARY COMPENSA-
TION UNDER WHAT THE EMPLOYEE IS NOW RE-
CEIVING IN CASH WOULD BE IN CONFLICT WITH
THE PROVISIONSOF THE NEW ACT?
“C. SINCE THFRE IS NO DIFFERENCE IN THE EMOL-
UMENTS THAT THE EMPLOYEES ARE NOWRECEIVING
UNDER THE PROVISIONSOF HOUSE BILL 4 OF
THE 56`` LEGISLATUREAND THOSE PROVIDED
BY THE NEW ACT, WOULD NOT EACH EMPLOYEE
INVOLVED BE ENTITLED TC A STEP INCREASE
IN SALARY, A PRO-RATEDAMOUNT, OR NO IN-
CREASE AT ALL AS OUTLINED ABCVE IN AC-
CORDANCE WITH THE NEW ACT?
It . . .11
You have advised this office that the positions
Involved are the positions designated as Wardens IV on page
III-45 of the new General AppropriationAct, effective Sep-
tember 1st.
Pursuant to our request for additional Information,
the LegislativeBudget Dlreotor has provided this office with
theIpxile;ln Information:
R;
auxo7qy que?sJssTf
The-U--f Warden IV, Ramsey Prison
Unit, 1s
Base Salary - $6,000.00
Efficiency Supplement - ;,pg-g
Estimated Value of Emoluments -
Total Compensation $TbQ=kJ
'zOOLL'sPxa~."uojsnoH*$aax$s ufwMr~ZL
The present salary of Warden IV, Eastham Prison
lJnfS~7~Kl PH UWsnOH L0.Z '2ueIIaddvxo3.pxooe~ 30 Xauxoaqv<
esent salary of Warden IV, Smlthers Prison
The%S
~fififg,ef~
aeIIa v 30 3ayxs IequauraIddnC6uyoLiaxo3pue aaoqe
33IAV3S il0 3~VXILW33
-
Honorable 0. B. Ellis, page 4 (WW-1135)
The Executive Director of the LegislativeBudget
Board has stated that the foregoing calculationswere taken
from a copy of the Department'spayroll for July, 1961 ln the
Comptroller~sOffice andlt is assumed.thatthose same rates
will be In existence as of August 31st, 1961 and, further,
that the value of the emolumentswere those approved by the
Board of Correctionsand taken from the Board's biennial bud-
get submission,schedule 4, page 214.
Section 2'of House Bill 189, Acts of the 57th Legls-
lature, chapter 123, page 238 (codifiedIn Vernon's as Article
6252-11, V.C.S.), setting up the position classifloatlonplan
for all regular full time salaried employmentswithin the de-
partments and agencies of the State (with certain exceptions
not material here) provides in part as follows:
"It Is further provided; however, that no
employee who is presently employed by the State
shall be paid less through the applicationof
this Act than the salaryhe received In accord-
ance with the provisions of House Bill No. 4,
Acts of the Fifty-sixtyLegislature,Third
Called Session, 1959, or the minlinumof the
appropriatesalary range specified in the Gen-
eral AppropriationsAct effective September
1, 1961, whichever is the higher, so long as
sald employee remains In such classified posi-
tion under the Position ClasslflcationPlan.'
Thus, the pre-existinglaw for the position olassi-
fications contained in the new General AppropriationBill
presc,ribesthat the applicationof the classificationplan
shall not reduce any employee'spresent salary. In carrying
out this policy, the Legislaturehas provided in the riders
to the appropriationof the Department of Corrections (page
. III-47a):
"It is the intent of the 57th Legislature
thatapplication of the Position Classification
Plan shall not result in the reduction of a
State employeels salary rate under that pro-
vided In H.B. 4, 56th Legislature,3rd C.S.,
therefore the efficiency supplementspaid from
the Prison Sales and Fees Account and the sup-
plements paid from the Educationaland Recre-
ational Fund during the fiscal year ending
August 31, 1961, and which were filed with
the Comptroller,shall be included in deter-
mining an employee's salaryfor the fiscal
year ending August 31, 1961.
. . .
Honorable 0. B. Ellis, page 5 (WW-1135)
"It is also provided that prison security
personnel, paid as constructionsupervisorsout
of the building appropriationduring the summer
months of 1961, shall be reinstated to their
proper job title under this appropriationwith-
out reduction in salary rate, but with no in-
crease In salary rate or emoluments."
Similar provisions are contained on page 111-3,
reading as follows:
"For the purposes of the Classification
Plan, the Adjutant General shall set a fair
value on emoluments granted, and this value
shall be considered along with the monetary
remunerationfor each position, In conforming
with the Position ClassificationPlan and the
rates of pay governed by the Special Provl-
slons in Article III, Section 13 of this Act,
The Adjutant General shall maintain with the
State Comptrollera current record showing
name, job title and amount of each employee's
emoluments."
and on page III-66a, reading as follows:
"For the purposes of the Classification
Plan, the Game and Fish Commission shall set
a fair value on emoluments granted, and this
value shall be considered along with the mone-
tary remunerationfor each position, in con-
forming with the Position ClassificationPlan
and the rates of pay governed by the Special
Provisions in Article III, Section 13 of this
Act. The Commission shall maintain with the
State Comptroller a current record showing
name, job 'titleand amount of each employee's
emoluments."
It is our opinion that the foregoing quotes from
the General AppropriationAct are sufficient to reveal that
It was the Intent of the Legislature in carrying out the
Position ClassificatkxnPlanprovided for in House Bill 189,
BUDGE, that no employee's compensationwould be reduced
through the application of the Position ClassificationPlan.
The classificationsalary schedule for Warden IV
(employeesinvolved in your request) is allocated to salary
Group 18, which reads as follows:
. . -
Honorable 0. B. Ellis, page 6 (W-1135)
"CLASSIFICATIONSALARY SCHEDULE
1 2 3 4 Step
"Group Min. - Midpoint - 2,’
-0 Increment
n. .. .
"18 $7320 $7650 $7980 $8310 $8640 $330
n I
. . .
Since the above quoted provisions of the General
AppropriationBill, page III-47a, require the inclusion of
supplementalpayments, including emoluments,to be included
in calculatingannual salary rates and since the minimum
salary rates calculatedabove exceed the maximum salary
rate prescribed in Group 18, you are advised that In compll-
ante with the'special rider to the Department of Corrections,
the compensationof Wardens IV from and after September 1st
is $7,500.00 cash, plus emoluments "but with no Increase in
salary rate or emoluments"during the next biennium (Page
III-4778of Senate Bill 1, Acts of the 57th Legislature,
.FirstCalled Session). Therefore,It is our opinion that
in those Instances where the total compensationof a State
employee as of August 31, 1961 exceeds the maximum rate
of the range to which the employee Is assigned in the Posl-
tlon ClassificationPlan, the State employee shall be paid
not less than the total compensationpaid on August 31st,
1961.
SUMMARY
In those Instances where the total compen-
sation of a State employee as of August 31, 1961
exceeds the maximum rate of the group to which
the employee is assigned in the Position Classl-
ficatlon Plan, the State employee shall be paid
not less than the total compensationpaid on
August 31st, 1961.
Yours very truly,
WILL WILSON
Attorney General of Texas
By ldohnReeves
JR:dhs Assistant
.
Honorable 0. B. Ellis, page 7 (Ww-1135)
APPROVED:
OPINION COMMITTEE:
W. V. Geppert, Chairman
William E. Allen
Gordon Cass
Robert T. Lewis
Jack Goodman
FtEVIEWEDFOR THE ATTORNEY GENERAL
BY: Howard W. Mays