Untitled Texas Attorney General Opinion

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THEA~TORNEYGENERAL
OF a’EXAS
AUSTlN 11. -rExaS
WILL WILSON
*%-roRNEYGENERAL
May 10, 1961
Honorable Crawford Parker, Jr. Opinion No. WW-1050
County Attorney
Panola county Re: Whether the Commissioners
Carthage, Texas Court has the authority to pass
and enforce a resolution pro-
viding for the retirement of
certain appointed employees
employed and supervised by the
Commissioners Court upon their
reaching retirement age an&when
they are fully eligible for social
Dear Mr. Parker: security?
You have requested an opinion on the following questions:
1. Does the Commissioners’ Court of
Panola County, Texas, have the authority to pass
and enforce a resolution providing for the retire-
ment of certain employees directly employed and
supervised by the Commissioners Court, which
includes Road and Bridge Department Employees ?
2. Does the Commissioners’ Court of
Panola County, Texas, have the authority to pass
and enforce a resolution providing for the retire-
ment of certain employees and deputies of the
offices of County Clerk, County Tax Assessor-
Collector, District Clerk, County Judge, County
Sheriff, and County Attorney?
We are unable to find any statute dealing with the subject of retire-
ment of county employees upon their reaching a certain age and upon their
reaching the age of eligibility for social security. Articles 2351 through
23725, Vernon’s Civil Statutes, 1925, as amended, too lengthy to quote in
this opinion, give the Commissioners’ Court of each County certain powers
connected with the office including the responsibility of employing persons
to perform work on jobs under the Court’s jurisdiction such as positions
necessary to the upkeep of the roads and bridges of the respective counties.
Honorable Crawford Parker, Jr., page 2 (WW-1050)
The duties incident to the performance of the jobs under the Commissioners’
Court’s jurisdiction are necessarily performed under the direction of the
Commissioners’ Court acting as a unit and the Court is responsible for the
acts of its employees in connection with the efficient performance of their
duties. Since the Commissioners’ Court has the responsibility for em-
ployees under its jurisdiction, it has the authority to hire and fire or make
any reasonable regulations it so desires in connection with its employees,
including the power to make and enforce orders as to the retirement of
persons performing work under its jurisdiction.
Therefore, in answer to your first question, the Commissioners’
Court does have the authority to pass and enforce a resolution providing
for the retirement of appointed employees under their supervision and
jurisdiction upon their reaching retirement age and when they are fully
eligible for social security. However, the present Commissioners’ Court
or a subsequent Commissioners ’ Court can at any time rescind such reso-
lution.
Article 3902, Vernon’s Civil Statutes, reads in part as follows:
“Whenever any district, county or precinct
officer shall require the services of deputies, assis-
tants or clerks in the performance of his duties he
shall apply to the County Commissioners’ Court of
his county for authority to appoint such deputies,
assistants or clerks, stating by sworn application
the number needed, the position to be filled and the
amount to be paid. Said application shall be accom-
panied by a statement showing the probable receipts
from fees, commissions and compensation to be
collected by said office during the fiscal year and
the probable disbursements which shall include all
salaries and expenses of said office; and said court
shall make its order authorizing the appointment of
such deputies, assistants and clerks and fix the com-
pensation to be paid them within the limitations herein
prescribed and determine the number to be appointed
as in the discretion of said court may be proper; pro-
vided that in no case shall the Commissioners’ Court
or any member thereof attempt to influence the appoint-
ment of any person as deputy, assistant or clerk in any
office. Upon the entry of such order the officers apply-
ing for such assistants, deputies or clerks shall be
Honorable Crawford Parker, Jr., page 3 (WW-1050)
authorized to appoint them; ~ . .‘I
The elected officials of each county of the State of Texas, under the
law, are given certain duties connected with the office which they are
obligated to discharge and perform. In carrying out these functions, Arti-
cle 3902, V ernon’s Civil Statutes, above quoted, gives each official the
authority to employ deputies, clerical workers, and other persons of his
own choosing to work solely under his direction and supervision. The law
holds the official responsible for the acts of his employees and the employees,
in attending to and performing their duties, are responsible only to him.
The Texas Courts have repeatedly held that the Commissioners’
Court is a Court of limited jurisdiction and has only such powers as are
conferred upon it, either by express terms or necessary implication, by
the statutes and constitution of the State. Childress County V- State, 127
Tex. 343, 92 S.W.2d 1011 (1936); Von Rosenberg v. Lovett, 173 S.W.
508, (Civ. App. 1915, error ref. ). As stated above, we have been unable
to find any statute giving the Commissioners ’ Court the authority to make
and enforce orders for the retirement of county employees upon reaching
a certain age, therefore, the manner in which a public official performs
the functions of his office, with the help of his authorized deputies, assis-
tants and clerks, is not a responsibility of the Commissioners’ Court.
As retirement of employees of elected officials on reaching a cer-
tain age may directly affect the discharging of the duties of the particular
office, the responsibility for which is in the public official elected to such
office, the Commissioners ’ Court not being charged with such responsi-
bility, either expressly or impliedly, is not authorized to assume control
and attempt to regulate the retirement of individuals employed by other
elected officials.
Therefore, in answer to your second question, it is the opinion of
this Department that the Commissioners ’ Court of a county does not have
the authority to pass and enforce a resolution providing for the retirement
of certain appointed employees, employed and supervised by other elected
officials, upon their reaching retirement age and when they are fully eli-
gible for social security.
SUMMARY
The Commissioners’ Court of Panola County has the
authority to pass and enforce a resolution providing
Honorable Crawford Parker, Jr., page 4 (WW-1050)
for the retirement of appointed employees, employed
and supervised by the Commissioners’ Court, upon
their reaching retirement age and when they are fully
eligible for social security; however, the present
Commissioners’ Court or a subsequent Commissioners’
Court can at any time rescind the resolution. The
Commissioners’ Court has no authority to pass and
enforce such a resolution to cover appointed employees
under the control and supervision of other elected offi-
cials of the county.
Yours very truly,
WILL WILSON
IBW/pe Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Dudley D. McCalla
Marietta McGregor Payne
Maston Courtney
W. Ray Scruggs
REVIEWEDFORTHEATTORNEYGENERAL
BY: Morgan Nesbitt