Untitled Texas Attorney General Opinion

E NE EXAS February 17, 1966 Honorable Charles A. Allen Opinion NO. c-615 Criminal District Attorney Harrison County Re: Whether Harrison'County Is Marshall, Texas authorized to employ a secretary for the juvenile officer pureuant to the provisions of Article 51395, Vernon's Civil Statutes, and Dear Mr. Allen: related question. You have requested, by your letter and subsequent tele- phone conversations with this office, the opinion of this office as to whether Harrison County Is authorized, pursuant to the pro- visions of Article 51395, Vernon's Civil Statutes, to employ a secretary for the juvenile officer, and if so, may the salary of such secretary exceed the salary provisions of Article 51395. In connection'wlth the foregoing you have stated In your lettersthat: "In 1964 the Commissioners Court of Harrison County authorized the employment of a secretary for the Junveile Officer of Harrison County. Prior thereto, an agree- ment was worked out with the State Department of Public Welfare whereby among other things the State Department of Public Welfare would appoint a Child Welfare Caseworker, who, In turn, would be designated by the Juvenile Board (composed of the District and County Judge) as Juvenile Officer. . . . n . . . "The Department of Public Welfare now inaiats that the secretary, ,who is paid by the County but qualified by the Department of Public Welfare, be paid on the merit system. If the Commissioners' Court of -2988- Hon. Charles A. Allen, page 2 (C-615) Harrison County complies with the request of the Departmentof Public We.lfare;the amount expended would exceed $3,500, the amount authorized by Article 5139J, which is the amount originally agreed upon by Harrison County." Section 3a of Article 51395 provides in part that: "The juvenile board of Harrison County may appoint a juvenile officer, whose salary shall be fixed by the Commissioners Court of said county in an amount not to exceed Three Thousand Dollars ($3,000) per year, and whose llowance'for expenses shall not exceed Five, &ndred Dollars ($500) per year. . . .The Commissioners Court shall provide the necessary funds for payment of the salary and expenses of the juvenile officer." (Emphasis added). While the provisions of Section 3a of Artic&e 51395 authorize the Harrison County Juvenile Board to appoint a juvenile officer whose salary shall be fixed by the Commis- sioners Court in an amount not to exceed $3,000.00 per year and whose expense allowance shall not exceed $500.00 per year, we are of the opinion that Section 3a of Article 51395 does not authorize the Harrison County Juvenile Board or the Commissioners Court of Harrison County to either employ or compensate a secretary for the juvenile officer. The authorization found in Section 3a of Article 51395 is limited to the employment and compensation of a juvenile officer and does not provide for the employment or compensa- tion of other personnel who may'work in conjunction with the juvenile officer. Such conclusion in construing the powers of the Commissioners Court oursuant to the orovisions of Section 3a of Article 513 J'is in harmon with such cases as Canales 71.Laughlin, 1z 7 Tex. 169, 21% S.W.2d 451 (198); Childress County v. State, 127 Tex. 343, 92 S.W.2d 1011 (1936); and Roper v. Hall, 280 S.W. 289 (Tex.Civ.App. 1925). In connection with the foregoing it should be noted, however, that while Section 3a of Article 51395 does not authorize the employment or compensation of anyone other than a juvenile officer, Section 39 and Section A0 of Article 6 5c,.Vernon's Civil Statutes, the Public Welfare Act of 19;: 1, provide that: -2989- , Hon. Charles A. Allen, page 3 (c-615) “Sec. 39. No provision of this Act is intended to release the counties and munici- palities in this State from the speCific respon- sibillty which is currently borne by those counties and municipalities in support of public welfare, child welfare, and relief services! Such funds which'may hereafter be appropriated'by the counties and munici- palities for those services may be administered through the county or district offices of the State De artment ,&ate Department of Public Welfare , and if so administered, shall be devote% exclusively to the services in the county or municipality making such appropria- tion. "Sec. 40. County Child Welfare Boards established,or hereinafter appointed in con- formity with Section ~4, Acts of 1931, Forty- second Le islature, pa e 323, Chapter 194 Section & of Article t 94a, Vernon's Civil ii- tatuteg, shall function and/or continue to function as provided therein, and the Commissioners Court of any county may ap- propriate funds from its general funds, or any other available fund, for the adminis- tration of such County Child Welfare Boards and provide for services to and suppart of children in need of protection and/or care." (Emphasis added). Pursuant to the foregoing provisions, and the conclusions reached in Attorney General's Opinions No. O-5943 (1944) and No. 0-6335 (lg&), it would appear that the Commissioners Court of a county would be authorized to employ such personnel as it deemed necessary to provide for services to and support of children in need of protection and/or c.areand compensate such persons so employed in any amount deemed reasonable and proper by the Commissioners Court. fin addition, if an individual employed by the Commissioners Court, pursuant to Section 39 and Section 40 of Article 695c, had as one of his or her duties the task of acting as secretary to the juvenile officer of the county, we are of the opinion that this duty would be within the authorization of Section 39 and Section 40 of Article 695c, as the responsibilities of the county juvenile officer certainly include servieesto children in need of protection and/or care. -2990- Hon. Charles A. Allen, page 4 (c-615) The provisions of SeCtion3a~of'Article 51395, Vernon's Civil Statutes, do not au- thorize the Harrison County Juvenile Board or the Commiesionetrs Court of Harrison County to either employ'or compensate a secretary for the juvenile officer. However the provisions of Section 39 and Section 40 of Article 695c, Vernon's Civil Statutes, would authorize the Commissioners Court to employ such persons as it deemed necessary to provide for services to and support of children in need of protection end/or care, and compensate such persons in any amount deemed reasonable and'proper by the Commissioners Court. In turn, a per- son so employed pursuant to Section 39 snd Section 40 of Article 695c, could have as one of his or her duties the task of acting as secretary to the juvenile officer. Very truly yours, WAGQORER CARR Assistant PB:mkh:sj APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Roy Johnson John Banks Edward Moffett APPROVED FOR THE ATTORNEY GERERAL BY: T. B. Wright -2991-