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February 26, 1953
Hon. Henry Wade Opinion No. S-12
District Attorney
Records Building Re: Authority of the commls-
Dallas, Texas sloners ' court to employ
persons to work in each
commissioner's precinct
rather than allowing each
oommleeloner to select
Dear Sir: his precinct employees.
You have requeated an opinion on the follow-
ing questions:
"Doe8 the Commisaionersl Court employ
and approve by name the persons worktig in
each Commissioner's precinct, or does It
merely approve the position and allow the
Commissioner of that precinct to employ and
discharge whomever he ohoosee? . . . We
would also like to know If this would apply
to all elected offlcee."
Section 4 of the Dallae County Road Law (Chap-
ter 458, Acts 47th Legislature, Regular Session, 1941,
page 729, a8 amended by Chapter 311, Acts 51st Leglsla-
ture, Regular Sesslon~, 1949, page 579) provide8 in part:
"The Commlseloneret Court shall have,
and is hereby given, authority to employ,
and discharge all persons neceesary to per-
form all the provldloiae of thie Act;"
In construing the provisions of Section 4 of
the Dallas County Road Law, it is stated in HIM v.
Sterrett, 252 S.W.2d 766 (Tex.Clv.App. 1952, error ref.
-that the authority placed In the Commissioners'
Court is cumulative of the authority already vested In
It by Section 18 of Article V of the Constitution of
Texas and Article 2351, Vernon48 Civil Statutes, for
hiring employees relative to county bualness,
Hon. Henry Wade, page 2 (S-12)
Whenever e power is Vested in the Commissioners’
Court, the authority must be exeroised by the court as
a unit and not by the IndlvlduELl commissioners. Stovall
v. Shivers, 129 Tex. 256, 103 SIW.2d 363 (1937 ; lt!ZXkZ
147 Tex. 169 214 S.W.2d 451 (194 B);Rowan
+f--ws 237 S.W.2d 734 (Tex.Clv.App. 1951). It
stated in iowan v, Plckett at page 737:
“That the Commissioners I Court Is some-
thing more than the Individuals composing :,
the body Is no longer an open question.
“‘By Article 2342 of the Revised Stat-
utes, It 18 provlded that the several com-
missioners, together with the county judge,
shall compose the “comrnl8slonera court ,”
Such court is manifestly a unit, and Is the
agency of the whole county. The respective
members of the commiesloners court are
therefore prlmarlly representatives of the
whole county, and not merely representa-
tives of their respective precincts. The
duty of the commissioners court is to trans-
act the business, protect the Interests, and
promote the welfare of the county as a
whole. t Stovall v. Shivers, 129 Tex. 256,
103 S.W.2d 363, 366.
‘And, as stated more recently by the
Texas~Supreme Court in Cenalee v. Laughlin,
147 Tex. 169, 214 S.W.2d 451, 455; ‘Further-
more, the individual oommlrrlonera have no
authorIt. to bind the county by their aeparate
action.’ ’
Since the authority to employ persons neces-
sary to carry out the provisions of the Dallas County
Road Law is placed in the Commissioners Court of Dallas
County, it is our opinion that the Individuals must be
employed by the Commissioners Court acting as a unit
rather than being employed by individual cbmmissioners.
Referring to the portlon of your question
asking “If this would apply to a11 elected offices”, we
assume that you refer to the method of appointment of
deputies, assistants, or clerks of district, count,y,
and precinct officers.
,
!; -- -. -
Hon. Henry wade, page 3 (S-12)
The Legislature has oonslstently provided
that the deputies, assistants, or--_clerks of
_-- various
districts, county and precinct officer8 wlu De ap-
pointed by the ofricer whom the assistant, deputy, or
olerk will assist. Articles 324-331b; 3902; 3912e,
Sec. 19; 39126-2; 39126-4; 3912e-4a; 3912e-4b; 3912e-
40, V.C.S.
In construing the provisions of Article 3902,
it 1s stated in Neeper v.. Stewart, 66 S.W.2d 812 (Tex.
Clv.App. 1933, error ref.):
“A public policy Is thereby manl-
fested In oase of county and precinct of-
ficers generally to empower such officer
to select their deputies or assistants and
to forbid the commissioner’s court, or any
member thereof, from attempting to Influence
such officers In their selection of asslst-
ants. The reason for this policy la obvious.
Officers elected to discharge public trusts,
and upon whom the responslbillty for the
proper discharge thereof rests, should be
free to select persons of their own choice
to assist them in Its discharge.”
We, therefore, agree with your conclusion that,
unless covered by some special statute applicable to a
particular office, elected officers other than county
commissioners may appoint their own deputies, assistants,
or clerks without submitting the names of the appointees
to the oommlssloners~ court for approval.
SUMMARY
Individuals employed pursuant to the
provisions of the Dallas County Road Law must be
employed by the Commissioners1 Court of Dallas
County, acting as a unit, rather than being
employed by lndlvldual oonunlesloners. Elected
oif'loera, other than county commissioners, may
appoint their omr deputies, assistants, or clerks
without submitting the names of the appointees
to the Commissioners aourt for approval.
. .
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Hon. Henry Wade, page 4 (S-12)
Yours very truly,
APPROVED: JOHNBEN SHEPPERD
Attorney General
J. C. Davis, Jr.
County Affairs Division
Willis E. Gresham
Reviewer
Assistant
Robert S. Trotti
First Assistant
John Ben Shepperd
Attorney General
JR:am