Untitled Texas Attorney General Opinion ( 1966 )

E NE
EXAS
February 17, 1966
Honorable Charles A. Allen Opinion NO. c-615
Criminal District Attorney
Harrison County Re: Whether Harrison'County Is
Marshall, Texas authorized to employ a
secretary for the juvenile
officer pureuant to the
provisions of Article 51395,
Vernon's Civil Statutes, and
Dear Mr. Allen: related question.
You have requested, by your letter and subsequent tele-
phone conversations with this office, the opinion of this office
as to whether Harrison County Is authorized, pursuant to the pro-
visions of Article 51395, Vernon's Civil Statutes, to employ a
secretary for the juvenile officer, and if so, may the salary of
such secretary exceed the salary provisions of Article 51395.
In connection'wlth the foregoing you have stated In
your lettersthat:
"In 1964 the Commissioners Court of
Harrison County authorized the employment
of a secretary for the Junveile Officer of
Harrison County. Prior thereto, an agree-
ment was worked out with the State Department
of Public Welfare whereby among other things
the State Department of Public Welfare would
appoint a Child Welfare Caseworker, who, In
turn, would be designated by the Juvenile
Board (composed of the District and County
Judge) as Juvenile Officer. . . .
n
. . .
"The Department of Public Welfare now
inaiats that the secretary, ,who is paid by
the County but qualified by the Department
of Public Welfare, be paid on the merit
system. If the Commissioners' Court of
-2988-
Hon. Charles A. Allen, page 2 (C-615)
Harrison County complies with the request
of the Departmentof Public We.lfare;the
amount expended would exceed $3,500, the
amount authorized by Article 5139J, which
is the amount originally agreed upon by
Harrison County."
Section 3a of Article 51395 provides in part that:
"The juvenile board of Harrison County
may appoint a juvenile officer, whose salary
shall be fixed by the Commissioners Court of
said county in an amount not to exceed Three
Thousand Dollars ($3,000) per year, and whose
llowance'for expenses shall not exceed Five,
&ndred Dollars ($500) per year. . . .The
Commissioners Court shall provide the necessary
funds for payment of the salary and expenses of
the juvenile officer." (Emphasis added).
While the provisions of Section 3a of Artic&e 51395
authorize the Harrison County Juvenile Board to appoint a
juvenile officer whose salary shall be fixed by the Commis-
sioners Court in an amount not to exceed $3,000.00 per year
and whose expense allowance shall not exceed $500.00 per year,
we are of the opinion that Section 3a of Article 51395 does
not authorize the Harrison County Juvenile Board or the
Commissioners Court of Harrison County to either employ or
compensate a secretary for the juvenile officer. The
authorization found in Section 3a of Article 51395 is
limited to the employment and compensation of a juvenile
officer and does not provide for the employment or compensa-
tion of other personnel who may'work in conjunction with the
juvenile officer. Such conclusion in construing the powers
of the Commissioners Court oursuant to the orovisions of
Section 3a of Article 513 J'is in harmon with such cases
as Canales 71.Laughlin, 1z 7 Tex. 169, 21% S.W.2d 451 (198);
Childress County v. State, 127 Tex. 343, 92 S.W.2d 1011
(1936); and Roper v. Hall, 280 S.W. 289 (Tex.Civ.App. 1925).
In connection with the foregoing it should be noted,
however, that while Section 3a of Article 51395 does not
authorize the employment or compensation of anyone other
than a juvenile officer, Section 39 and Section A0 of
Article 6 5c,.Vernon's Civil Statutes, the Public Welfare
Act of 19;:
1, provide that:
-2989-
,
Hon. Charles A. Allen, page 3 (c-615)
“Sec. 39. No provision of this Act is
intended to release the counties and munici-
palities in this State from the speCific respon-
sibillty which is currently borne by those
counties and municipalities in support of
public welfare, child welfare, and relief
services! Such funds which'may hereafter
be appropriated'by the counties and munici-
palities for those services may be administered
through the county or district offices of the
State De artment ,&ate Department of Public
Welfare , and if so administered, shall be
devote% exclusively to the services in the
county or municipality making such appropria-
tion.
"Sec. 40. County Child Welfare Boards
established,or hereinafter appointed in con-
formity with Section ~4, Acts of 1931, Forty-
second Le islature, pa e 323, Chapter 194
Section & of Article t 94a, Vernon's Civil
ii-
tatuteg, shall function and/or continue
to function as provided therein, and the
Commissioners Court of any county may ap-
propriate funds from its general funds, or
any other available fund, for the adminis-
tration of such County Child Welfare Boards
and provide for services to and suppart of
children in need of protection and/or care."
(Emphasis added).
Pursuant to the foregoing provisions, and the conclusions
reached in Attorney General's Opinions No. O-5943 (1944) and
No. 0-6335 (lg&), it would appear that the Commissioners
Court of a county would be authorized to employ such
personnel as it deemed necessary to provide for services to
and support of children in need of protection and/or c.areand
compensate such persons so employed in any amount deemed
reasonable and proper by the Commissioners Court. fin addition,
if an individual employed by the Commissioners Court, pursuant
to Section 39 and Section 40 of Article 695c, had as one of
his or her duties the task of acting as secretary to the
juvenile officer of the county, we are of the opinion that
this duty would be within the authorization of Section 39
and Section 40 of Article 695c, as the responsibilities of
the county juvenile officer certainly include servieesto
children in need of protection and/or care.
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Hon. Charles A. Allen, page 4 (c-615)
The provisions of SeCtion3a~of'Article
51395, Vernon's Civil Statutes, do not au-
thorize the Harrison County Juvenile Board or
the Commiesionetrs Court of Harrison County to
either employ'or compensate a secretary for
the juvenile officer.
However the provisions of Section 39
and Section 40 of Article 695c, Vernon's Civil
Statutes, would authorize the Commissioners
Court to employ such persons as it deemed
necessary to provide for services to and
support of children in need of protection
end/or care, and compensate such persons
in any amount deemed reasonable and'proper
by the Commissioners Court. In turn, a per-
son so employed pursuant to Section 39 snd
Section 40 of Article 695c, could have as
one of his or her duties the task of acting
as secretary to the juvenile officer.
Very truly yours,
WAGQORER CARR
Assistant
PB:mkh:sj
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
John Reeves
Roy Johnson
John Banks
Edward Moffett
APPROVED FOR THE ATTORNEY GERERAL
BY: T. B. Wright
-2991-