The Attorney General of Texas
September 6, 1978
JOHN L. HILL;
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Attorney General
Honorable Ann Postma Musgrove Opinion No. II- 1238
County Attorney
Childress County Re: Salary increases under
Childress, Texas 79201 grievance procedure of article
3912k.
Dear Mrs. Musgrove:
You have asked if the grievance committee, established under article
4C24-AU..SUWtOO S912k,section 2, V.T.C.S., may consider and recommend a salary increase for
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all of the county’s officers, including those who made no request for a hearing
on a saky increase. You also ask if the grievance committee may
recommend a salary increase for the employees of county officials.
Section 2(a) of article 3912k sets out the procedure which’an elected
official must follow before the grievance committee may recommend an
increase in salary. See Attorney General Opinion H-314 (1974) (grievance
procedure raise may beeffective immediately). The official must request a
l.abodblx.7sw1 hearing before the grievance committee in writii stating the manner in
amna4233 whitih he feelsaggrieved. A hearing is held within thiity days after receipt of.
the request. It is our opinion that an official subject to the provisions of
section 2 of article 39l2k who does not follow this procedure will not be
entitled to consideration for a pay increase under the grievance procedure.
The grievance procedure established in section 2 of article 39l2k applies
only to elected officers and not employees. Pay increases for employees ars
ovemed by section 1 of article 3912k. See
- Attorney General Opiion Ii-ll
f1973).
SUMMARY
An elected county or precinct officer must make a
written request for a salary increase before the article
3912k grievance committee may recommend a raise.
County and precinct employees may not file a
p. 4936
Honorable Ann Postma Musgrove - Page 2 (H-1238)
grievance with the grievance committee, but they may be
given a salary increase by the commissioners court pursuant
to section 1 of article 3912k,V.T.C.8.
JOHNL. HILL
Attorney General of Texas
APPROVED:
k
DAVIDM. KENDALL, First Assistant ’
C. ROBERTHEATH,ChairmAn
Opinion Committee -
p. 4937