Untitled Texas Attorney General Opinion ( 1950 )

THE NEY GENERAL EXAS AUWTXN ~.TICXAS PRICE DANIEL ATTORNEY GENERAL February 17, 1950 Hon. John F. May Opinion No. V-1001. District Attorney 8lst Judicial District Re: The present maximum salaries Karnes City, Texas of the Chief Deputy Sheriff and of other deputy sheriffs Dear Sir: of Wilson County. Your request for an opinion is in part as fol- lows: "(1) What is the maximum salary that Wilson County may pay to the Chief Deputy Sheriff? "(2) What is the maximum salary that Wilson County may pay to aeputy sheriffs other than the chief deputy sheriff? In Attorney General Opinion No. V-457 it was held that two conditions must exist in order for a county to come within the provisions of Article 3912e-12, V.C.S. First, the county must have a population of less then 20,000 ana, secona, its county officers must be compensat- ed on a salary basis. Wilson County has a population, according to the 1940 Feaeral census, of 17,066 inhabitants, but its county officers (with the exception of the sheriff1 are compensated on a "fee" basis rather than a "salary bas- is. Therefore, the compensation of the deputy sheriffs in Wilson County is not governed by the provisions of Article 3912e-12. Their compensation on the other hand is governed by the provisions of Articles 3902 and 3912g, V.C.S. Section 2 of Article 3912g provides: "The Commissioners Court in each county of this State is hereby authorize'&,when In their judgment the financial condition of the county and the needs of the deputies, assist- ants and clerks of any district, county or Hon. John F. May, page 2 (V-1001) precinct officer justify the increase, to en- ter an order increasing the compensation of any such deputy, assistant or clerk in an aa- aitional amount not to exceed thirty-five (35s) per cent of the sum allowed under the law for the fiscal year of 1948." In order to determine the "sum allowed under the law for the fiscal year of 1948" to the deputy sher- iffs of Wilson County we must look to the provisions of Article 3902, V.C.S. We quote the provisions of Arti- cle 3902 applicable to Wilson County: "1 D In counties having a population of twenty-five thousana (25,OOO)or less inhab- itants, first assistant or chief deputy not to exceed Eighteen Hundred ($1800.00) Dollars per annum; other assistants, deputies or clerks not to exceed Fifteen Hundred ($1500.- 00) Dollars per annum each." "9. The Commissioners Court is hereby authorized, when in their judgment the finan- cial condition of the county and the needs of the deputies, assistants and clerks of any district, county or precinct officer justify the increase, to enter an order increasing the compensation of such deputy, assistant or clerk in an additional amount not to exceed twenty-five (25s) per cent of the sum allow- ed under the law for the fiscal year of 1944, provided the total compensation authorized un- der the law for the fiscal year of 1944 did not e$ceed Thirty-six Hundred ($3500.00) Dol- lars, "The cum allowed under the law for the fiscal year 1944" that the Commissioners' Court could allow the deputy sheriffs in Wilson County was governed by the pro- visions of subdivision 1 of Article 3902 above quoted. Subdivision 9 authorized an increase not exceeding 25 per cent of such sum. Therefore, in 1948, the chief deputy was entitled to $1800 plus $450 (25::of $1800) or to the sum of $2250, The ot'cerdeputies of Wilson Coun- ty were entitled to $1500 plus $375 (25::of $1500) or $1875 B By virtue of the provisions of Article 3912g deputies of county officers may receive an additional Hon. John F. Way, page 3 (V-1001) increase not to exceed "thirty-five (35%) per cent of the sum allowea under the law for the fiscal year of 1948." Therefore, the chief deputy of the sheriff of Wilson County ma receive an increase not to exceed $787 50 (35% of $2250) while the other deputies ma ceivi an increase not to exceea $656.25 (35% of $lg7;j): Therefore, the naximutnsalaries of the deputy sheriffs of Wilson County are as follows: Chief Deputy ... ..$3037.50 ($2250 plus $787.50). Other Deputies ...$2531.25 ($1875 plus $656.25). SDMMARY The deputies of the sheriff of Wilson County may receive in 1950 the sum allowea under subaivision 1 of Article 3902 plus the increase allowed under subdivision 9 of Article 3902 plus an additional increase allowed under Section 2 of Article 3912g, to wit: $3037.50 for the chief deputy and $2531.25 for other deputies, Articles 3902 ana 3912g, V.C.S.; Attorney General Opinion No. v-457. Yours very truly, PRICE DAHIEL APPROVED: Attorney General J. C. Davis, Jr. County Affairs Division Charles D. Mathews Executive Assistant JR:bh