Untitled Texas Attorney General Opinion

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The Attorney General of Texas
JIM MATTOX July 26, 1984
Attorney Gerikral
Supreme Court Building Honorable Larry W. ~illison Opinion No. JM-182
P. 0. Box 12546 Lampasas County Atwmey
Aus!in. TX. 76711.2546 P. 0. Box 95 Ret Whether a commissioners
512/47&2501 Lampasas, Texas ?li550 court is authorized to estab-
Telex 9101674-1387
Telecopier 512/475-0266
lish working hours for elected
county officials
714 Jackson, Suite 700 Dear Mr. Allison:
Dallas, TX. 75202-4506
214/742-6944
You have requtsted our opinion regarding the authority of the
commissioners court to dictate the office hours to be observed by
4624 Alberta Ave., Suite 160 other elected county officials. You have asked specifically whether
El Paso, TX. 799052793 the commissioners I:ourt has authority to order offices to be open
Q15/533-3464 during the lunch hollr. It is our opinion that the commissioners court
lacks authority tc' enter an enforceable order, punishable under the
rc-
.Wl Texas, Suite 700
court's contempt authority, which instructs independently elected
Houston. TX. 77002-3111 county officials to maintain specified office hours.
Attorney Gene::al Opinion O-6679 (1945) determined that the
commissioners court, being of limited jurisdiction, lacked authority
606 Broadway, Suite 312
Lubbock, TX: 79401-3479
to adopt a 6-day! 48-hour work week for all county offices. It
6061747-5236 further concluded that the county auditor did not have authority to
deduct amounts fcm the salary checks for those officers not
maintaining office hours "ordered by the commissioners court." See
4309 N. Tenth. Suite S
generally Tex. Const. art. XVI, 910 (authority of legislature=
McAllen, TX. i6501-1665
512/662-4547
provide for deduct,lonsin pay for public officials neglecting official
duties). There is no enabling legislation under this provision of the
constitution which allows a commissioners court to reduce the pay of
200 Main Plaza, Suite 400 county officials who do not observe specified office hours. Cf.
San Antonio, TX. 76205-2797
Miller v. James, 366 S.W.2d 118 (Tex. Civ. App. - Austin. 1963,x
512/2254191
writ) (court may not provide deductions in pay in absence of enabling
legislation); but cf., &torney General Opinion MW-438 (1982)
An Equal Opportunityl (authority of commissioners court to control conditions of employment
Alflrmative Action Employer for county employeet:1).
Attorney Ger.fral opinion C-350 (1964) concluded that a
constitutional cocrty official could close his office on Saturdays
without the consent and approval of the commissioners court. The
opinion relived on Attorney General Opinion O-6679 (1945) and the
fundamental propoxtion that a commissioners court has only that
authority which is conferred upon it either explicitly or by
p. 800
Honorable Larry W. Allison - Page 2 (JM-182)
Implication by the state constitution and statutes. Canales v.
Laughlin, 214 S.W.2d 451 (Ter. 1948).
Attorney General Opinicn M-1197 (1972) held that a commissioners
court did not have the autt,crityto compensate a justice of the peace
on an hourly ba,sis for tt,cse hours actually worked for the reason
that, in 1972, a justica! of the peace was required under the
constitution to be compensated on either a fee basis or a salary basis
and that an hourly rate of compensation was neither. See Tex. Const.
art. XVI, $61. The opiniclr. further reasoned that th~ommissioners
court did not have the authority to establish the office hours for the
office of justice of the pc!s:ceby the means of compensating him on an
hourly basis. The commisslcners court does not have the authority to
interfere with or usurp the duties and performance of independent
county officials and employees. Pritchard and Abbott v. HcKenna, 350
S.W.2d 333 (Tex. 1961) I:c:ontractwith private firm to appraise
property in county).
There is no general state law which dictates office hours or the
work week to be observed by county officials and employees. In
counties over 500,000 population the commissioners court, pursuant to
special statute, has explicit authority to adopt
rules and regulatlnrs governing the hours of work,
vacations, holidir:s, sick leave, medical care,
hospitalisation, compensation and accident
insurance, and inductions for absences . . . .
(Emphasis added).
V.T.C.S. art. 237211, 01. Counties over 200,000 population may
establish a civil service commission which has the authority, among
other things, to adopt rules relating to the "rights, benefits, and
working conditions" of count:yemployees which we believe may include
the authority to adopt offix hours. V.T.C.S. art. 2372h-6. 68(s)(7);
see also V.T.C.S. art. 237,!h-8 (sheriff's department civil service
system in counties of more t'ran950,000 population). A second statute
gives commissioners courts of counties over 500,000 population the
authority to adopt and enfor:e
reasonable regulations applying to all such
deputies, assistants. employees or department
heads governing the hours of work, vacations, and
sick leaves, in the interest of obtaining uniform
restrictions, ~:~nrditions, and regulations
governing all such deputies, assistants, employees
or department heads in the manner now provided by
law.
V.T.C.S. art. 3912e-4a, 14. .-
p. 801
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- Honorable I.arryW. All~ison-.Page 3 (JM-182)
other statutes of narrow applicability concern the hours of work
for persons employed by a county. See, e.g., V.T.C.S. arts. 6871,
5165.1, 5167a. See also Elt:c.Code art. 5.09c; Elec. Code art. 5.24a,
subdivision 10 (office of tcunty elections administrator required to
remain open on election day). There is, however, no general statute
applicable to counties which specifies office hours or gives the
commissioners court the autt.crityto determine such hours. See, e.g.,
V.T.C.S. art. 5165a (full-l::lme state employees required to work 40
hours per week; normal sta':tzoffice hours set at 8:00 a.m. to 5:00
p.m., Monday through Friday); V.T.C.S. art. 6871; see also V.T.C.S.
art. 5167a (peace officers ir counties over 500,000 population may not
be required to work more than the normal county work week). We
conclude therefore that the commissioners court of Lampasss County has
no authority to establish office hours for other elected county
officials.
SUMMARY
The commissioners court of Lampasas County does
not have the authority to establish office hours
for other elected county officials.
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton
p. 802