Untitled Texas Attorney General Opinion ( 1986 )

The Attorney General of Texas
February 21, 1986
JIM MATTOX
AttorneyGeneral
Supreme
Court
BulldIn Honorable David W. Wallace Opinion No. JM-440
P. 0. BOX 12548 Sutton County Attcmey
Austin. TX. 70711- 2549 P. 0. Box 1508 Re: Whether a commissioners
51214752501
Sonora, Texas 76950 court may set the office hours
Telex 9101874-1387
Telecopier 512l475.0266
of the county auditor
Dear Mr. Wallace:
714 Jackson, Suite 700
Dallas, TX. 752024506
In Attorney General Opinion JM-182 (1984), we concluded that the
21417426944
commissioners court of Lampasas County , a county with a population of
less than 8,000 Feople. does not have authority to establish office
4924 Alberta Ave.. Suite 180 hours for other elected county officials. You ask whether the
El Paso. TX. 79905.2793 commissioners court of Sutton.County, a county with a population under
91515333484 5.000. has autho::ity to establish office hours for the office of
county auditor, ax appointed office. We answer your question in the
1Wl Texas. Suite 700 negative.
Houston, TX. 77002-3111
71312235886 The office of county auditor and the method of appointment, the
qualifications Herefor. and the duties thereof are governed by
articles 1645 et SCQ,. V.T.C.S. Authority to appoint the county
606 Broadway, Suite 312
Lubbock, TX. 79401-3479
auditor and tox;'iermine his salary is reposed in the judges of the
8051747.5238 district courts having jurisdiction in the county. V.T.C.S. arts.
1645-1647. There ,isno provision, however , which purports to repose
authority fqr setting the office hours of the county auditor in the
4309 N. Tenth, Suite B
McAllen, TX. 7850%1885
district judges ziho appoint him. You ask specifically whether such
51218824547 authority is repclc,edin the commissioners court. We have found no
statute
_-_--__ vhich
.._ -.~ nur)urts
=--:~.--- to
-- do
-- that
.``_. in
--~ the
..`` situation
.~.````~.`` vou
`` describe.
`` `` `` See
Commissioners Coc,rt of Harris County v. Fullerton, 596 S.W.2d 572
200 Main Plaza, Suite 400
(Tex. Civ. App. -Houston [lst Dist.] 1980, writ ref'd n.r.e.1; Smith
San Antonio, TX. 78205-2797
v. McCoy, 533 S.W'.2d457 (Tex. Civ. App. - Dallas 1976, writ dim
512i2254191
(both cases discuss authoritv and duties of county auditor and those
df commissioners court). .
An Equal OppOrtUniiVl
Affirmative Action EmPlOYer As we noted in Attorney General Opinion JM-182 (1984), there is
no statute generally applicable to all counties which sets forth the
office hours or th,ework week or which empowers a connnissionerscourt
to set such off:tce hours to be observed by county officials and
employees. In c,xmties with a population of 500,000 or more, the
commissioners court has explicit authority to adopt
rules aid regulations governing the hours of work.
vacatiolr;, holidays, sick leave, medical care,
hospitalization. compensation and accident
P. 2008
Honorable David W. Wallace - Page 2 (JM-440)
insurance, and deductions for absences [for
certain specified employees]. . . . (Emphasis
added).
V.T.C.S. art. 2372h. 01. I,e,ction6 of article 2372h extends the reach
of such rules and regu1aticm.ato the county auditor and his assistants
if such rules are adopted 'my a majority of the judges of the district
courts of the county. A, second statute permits counties with a
population over 200,000 to 214 S.W.2d 451. 453 (Tex. 1948). for the proposition that a
co!zmissioneracourt has on:Lythat authority which is conferred upon it
either explicitly or by necessary implication by the state.constitu-
tion and statutes, we conclude that the commissioners court of Sutton
County does not have authority to set the office hours of the county
auditor.
SUMMARY
The comissicners court of Sutton County does
not have the authority to set the office hours of
the office of comty auditor.
s /k
Very
A
ruly yours
3 I-M MATTOX
Attorney General of Texas
p. 2009
Ronorable David W. Wallace - Page 3 (JM-440)
JACK HIGHTOWER
First Assistant Attorney General
MARY KELLER
Executive Assistant Attoruey General
ROBERT GRAY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Jim Moellinger
Assistant Attorney General
p. 2010