Untitled Texas Attorney General Opinion

r-. . ., - . 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 -- ,- - 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