Untitled Texas Attorney General Opinion ( 1975 )

THE ATTORNEY GENERAL
OF TEXAS
AIJSJTIN. TIIXAS 78711
August 22, 1975
The Honorable Tim Curry Opinion No. H- 672
Criminal District Attorney
Tarrant County Courthouse Re: Whether juvenile probation
Fort Worth, Texas 76102 officers are covered by the County
Civil Service Act.
Dear Mr. Curry:
You have requested our opinion concerning whether juvenile probation
officers are “employees” within the operation of the County Civil Service Act,
article 2372h-6, V. T. C. S.
In Attorney General Opinion H-619 (1975) we found that adult probation
officers were not subject to the County Civil Service Act, since we believed the
control exercised by district judges over adult probation was inconsistent with
the authority of the Civil Service Commission concerning employees subject to
the Act. We believe the rationale of H-619 is applicable to your question and that
the juvenile probation officers of Tarrant County are not subject to the County
Civil Service Act.
Article 5139, V. T. C. S., provides that the district judges and county
judge shall constitute the Juvenile Board of counties having a population of 100, 000
or over. Since article 5142c-2 requires the chief juvenile probation officer to be
appointed by the Board, and assistants to be appointed subject to the Board’s
approval, in our view the various judges exercise a degree of control over juvenile
probation officers which would be inconsistent with the powers of a County Civil
Service Commission. See Attorney General Opinion H-619.
-
SUMMARY
Juvenile probation officers of Tarrant
County are not subject to the County Civil
Service Act.
/3Cery truly yours:
Attorney General of Texas
p. 2928
The Honorable Tim Curry - Page 2 (H-672)
Opinion Committee
jad:
p. 2929