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July 30, '1951
Hon. Paul Rew ODInIon Ro. V-1220
r~
County Attorney
Yoakum county, Re: Authority of the his-
Plains, Texas trict judge to increase
the compeusation of the
county auditor in the
Dear Sir: middle of a fiscal year.
Your request for au opllnlonreads in part as
follows:
"'Can the Dlstrlct Judge r&se the sal-
ary of.a oouuty auditor at therequeet of the
Commfssloner~s Court of the ,county of resl-
dence of said auditor, between January lst,
the date of appointment of the auditor, and
the beginning of ,the next ensuing fiscal year
of the county?'
-In regard to this question I set out the
following facts. The Comnlsslouerls Court ,oP
Yoakum County, Texas, entered an order on their
minutes at the regular meeting date of the court
In Ray, 1951, raising the salaries oftall coun-
ty officials from $5940.00 to $6,480.00,or l@
of their base pay. At the time that this ac-
tlon was taken the Court requested by letter to
the District Judge, . . . 106th Jadlclal Ms-
trlct, that he raise our County Auditor's sal-
ary, as of the 1st day of June, 1951. Our
Auditor took office In January, 1951."
Article 1645, V.C.S., provides:
"In any cowity having a population of thlr-
ty five thousand (35,000) inhabitants, or over,
according to the last preceding Federal Census,
or having a tax valuation of Fifteen Million
($15,000,000.00) Dollars or over, according to
the last approved tax roll, there shall be blen-
nlally appointed an auditor of accounts and
Hon. Paul Rev, page.2 (V-1220)
finances, the title of said officer to be
County Auditor, who shall hold his office for
two (2) years and,who shall receive as compen-
sation for his services to the county as such
County Auditor,san annual salary of not more
than the annual salary allowed or paid the
Assessor and Collector of Taxes in his county,
and not less than the annual salary allowed
such County Auditor under the general law
provided in Article 1645, Revised Civil Stat-
utes, as said Article existed on January 1,
194!2, such salary of the County Auditor to be
fixed and determined by the District Judge or
Mstrlct Judges making such appointment and hav-
lng jurisdiction in the county, a majority rul-
ing, said annual salary to be paid monthly out
of the general fund of the county. The action
of said District Judge or Dlstrlct Judges In
determinlng and fixing the salary of such Coun-
ty Auditor shall be made by order and recorded
in the minutes of the Mstrict Court of the
county, and the Clerk thereof shall oertlfy
the sasm for observance to the Coss~&s.sioners'
Court, which shall cause the same to~be re-
corded in its minutes; after the salary of the
County Auditor has been fixed by the District
hdge or DiStriCt Judges, no change in such
salary shall thereafter become effective until
and above the annual salary allowed such-Coun-
ty Auditor under the general law provided in
Article 1645, as ,saldArticle existed on Janu-
ary 1, 1940, shall only be allowed or permitted
with the express consent and approval of the
Commlsaloners' Court of the county whose COLU-
ty Auditor is affected or may be affected by
the provisions of this Act; such consent and
approval of such Commissioners! Court shall be
made by order of such Court and recorded In
the minutes of the CanmIssioners Court of such
county." (Emphasis added.)
According to the records of the office of Comp-
troller of Public Accounts, Yoakum County has a tax valua-
tion of $42,218,969.00. Therefore, Article 1645 is appll-
cable to Yoakum County. Under the plain provis,ionsof the
Hon. Paul New, page 3 (V-1220)
above statute, "after the salary of the County Auditor has
been fixed by the District Judge or District Judges, no
change In such salary shall thereafter become effective
until the beginning of the next ensu+g fiscal year of the
county." Therefore, we agree,.wlthyou that the salary of
the County Auditor of Yoakum County may not be changed un-
til January 1, 1952.
SUMMARY
Ones the salary of the county auditor
has been set for the fiscal year, It may
not be changed until.January 1st of the fol-
lowing year. Art. 1645, V.C.S.
APPROVRD: Yours very truly,
J. C Davis, Jr. PRICE DWIEL
County Affairs Division Attorney General
Everett Hutchinson
Executive Assistant
Charles D. Mathews
First Assistant
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