The Attorney General of Texas
March 23, 1978
JOHN L. HILL
Attorney General
Honorable Patrick J. Ridley Opinion No. H- 1142
Bell County Attorney
P. 0. BCk 474 Re: Sick leave policy for
Belton, Texas 76513 county officials.
Dear Mr. Ridley:
You have requested our opinion regarding a new sick leave policy
recently adopted by the Bell County Commissioners Court.
In Attorney General Opinion H-860 (19’76), we held that, at least since
January 1, 1972, the effective date of article 3912k, V.T.C.S., the commis-
sioners court of Bell County had been “authorized to provide sick leave to
elected county and precinct officials, and, by extension, to compensate those
officials for the unused portion of any sick leave earned after that date.” On
August 16, 1976, the commissioners court adopted the following resolution:
Effective October 1, 1976, accumulated sick leave for
elected officials shall be terminated; that at the
present time all accumulated sick leave over sixty
days shall be paid to the elected officials; the
remaining amount of accumulated sick days shall be
left on the records and at such time as any affected
elected official leaves his office either by defeat,
death,, or resignation, the same shall be paid either to
the official or his estate.
You first inquire about the validity of this resolution.
In our opinion the resolution is valid, but it is subject to a limitation.
Payment for sick leave constitutes part of an individual’s “salary.” Attorney
General Opinion H-860, supra. Section 1 of article 3912k provides that the
salaries of “county and precinct officials and employees who are paid wholly
from county funds” may not be set lower than they existed on January 1, 1972.
The commissioners court is without authority to terminate sick leave accrual
for an office, if, when the value of the sick leave which accrues to that
p.’ 4644
Honorable Patrick J. Ridley - Page 2 (B-1142)
particular office is subtracted from the present total compensation for the office,
the compensation is lower than existed on January 1, 1972. We emphasize that
section 1 of article 3912k applies, however, only to those county and precinct
officials who are paid wholly from county funds. Within the scope of this
limitation, we believe that the resolution of the commissioners court regarding
termination of sick leave for elected officials is valid.
You also ask about the statute of limitations with regard to an elected
official’s claim for payment of “accumulated sick leave over sixty days.” The
commissioners court has provided that payment for excess sick leave shall not be
paid to the elected official or his estate until he “leaves his office either by defeat,
death, or resignation.” In our opinion, any claim for payment of excess sick leave
will therefore not accrue until the official vacates his office. -See Ditto Investment
Co. v. Ditto, 293 S.W.2d 267, 269 (Tex. Civ. App. - Fort Worth 1956, no writ).
SUMMARY
A resolution of the commissioners court of Bell County
which terminates sick leave for elected officials is valid
within certain limitations. The statute of limitations on an
elected official’s claim for payment of sick leave under the
resolution accrues at the time the official vacates his
office.
Aery truly yours,
Attorney General of Texas
APPROVED:
YiIh&kLz
DAVID M. KENDALL. First Assistant
C. ROBERT HEATH. Chairman
Opinion Committee
jst
P. 4645