/ ’
October 9, 1950
Hon. Joe W. Lovelace Opinion wo. v-1112.
County Attorney
Cass County Rer Legality of equaliz-
Linden, Texas ing the salaries of
various county offi
cials by fixing the
salary of each offl-
cial at the average
of their collective
Dear Mr. Lovelacer present salaries.
You have requested our opinion on the follow-
ing questionsr
virst Questson. can the Commission-
ers' Court of Cass County take the sum total
of the salaries paid the four County Commis-
sioners, the County Judge, Tax Aesessor-Col-
lector, County Clerk, County Treasurer, County
Attorney, Sheriff, District Clerk and County
Auditor, divide this total by the number of
offices, take this average, and set the sal-
ary of each offloe affeoted at this average
amount?
“second Question. In event the C&s-
stoners' Court of Cass County does not have
the authority to equalize the salaries of the
various county offices of Cass County in the
manner provided in 'Question One', may the
Commissioners* Court reduce the salaries of
some of the county offices, leave othezssta-
tus quo and raise others, and if so what are
the maximumand minimums for each office af-
fected?
"Third Question. In event the Cozznis-
sioners' Court of Cass County has the author-
ity to equalize the salaries of the various
County qffices as requested in 'Question One'
or in 'Question Two', may it take such action
at the next regular term of said court OF must
the court gait until the first meeting In the
year 19511
‘. .
Hon. Joe W. Lovelace, page 2 (V-1112)
The salaries of the County Colmaissioners are
governed by the provisions of Articles 2350 and 3912g,
Vernon’s Civil Statutes. The salaries of the County
Judge, Tax AsB~ssor-Collector, County Clerk, County
Treasurer, County Attorney, Sheriff, and Mstrlct Clerk
are governed by the provisions of Section 13 of Article
3912e and Article 3912g, V.C.S. ,The salary of the Coun-
ty Auditor Is governed by the p~ovlslons of Article 1646,
V.C.S., and Is fixed by the District Judge.
You are therefore advised that the Comml~sion-
ers) Court does not have the authority to set the salary
of each offlae In the county at the average ,amount paid
all officers where the amount so fixed would not fall
within the prescribed limita but IS only authorized to
set the salaries within the limits provided by statute.
Based upon the population of Cass County (20,-
000 inhabitants or more) the maximum salary of the Coun-
ty Judge, Tax Assessor-Collector, County Clerk, County
Treasurer, County Attorney, Sheriff, and District Clerk
is $5,468.75, computed aB follov~t Haximum salary al-
lowed in 1935 under Article .3912e, Section 13, of $3,-
200.00 plus a 25% increase allowed in 1945 by subdivision
e” of Seotion 13, Article 3912e, plue 25s lnarease al-
loved in 1 49 by the provislon~ of Article 3 12g ($3,-
500 plus $i375 plus 41093.75 equals $5,468.75 3 . The
zz~y ;a;ary of the County Auditor is $5,468.75. Art.
, . . .
Gas8 County had an assessed valuation, accord-
ing to the last (1949) approved tax roll of $10,990 179.-
00, and a tax valuation in 1948 (1947 tax roll) of )lO,-
263,955.OO. Therefore; the maxtiws aalar of a County
Commissioner of Cass County iB $2750.00 ($2200 plus $550).
Arts. 2350 and 3912g, V.C.S.
The minlmum salary of those officers governed
by the provisions of Section 13 of Article 3912e is ‘the
total sum earned as compensation by him in his official
capacity for the fiscal year of 1935.” There is no mini-
mum set for the salaries of County CozuzUsloners.
Since Cass County has a population of 20,000 or
more you are advised in answer to your third question that
the salaries of the county officers may be raised or lov-
ered at any time so long a8 the salaries are set within
the minimum and maximum provided by law. Atty. @en. Op.
v-912 (1949). In connection with the foregoing, we point
Hon. Joe W. Lovelace, Page 3 (V-11121
out that the provisions of Article 3912g require the Com-
miss$onexs’ Court to raise the salaries oP the remaining
county officials in like proportion to the raise in sal-
aries of the County Coprmissioners.In addition It should
be noted that Article 1646, V.C.S., providea that no change
in the salary oP the County Auditor shall become affective
until’the beginning of the ensuing fiscal year.
SUBMARY
The Commlssloners~ Court 15 without
authority to set the salary of each county
officer at the average amount paid all coun-
ty oPficerB where the amount 80 fixed would
not fall within the prescribed statutory
litits of compe~satlon for the particular
0rfiO$. Salaries 0r county officers in coun-
ties having a population of 20,000 Inhabitants
or more may be changed at any time 80 long as
the salaries remain wIthin the limits provided
by law. Attg, Gen. Op. V-912 (1949).
Yo~urs very truly,
APPROVED:
PRICE DANIEL
J. C. Davis, Jr. Attorney General
County Affairs Division
Everett HutchInson
Eiecutive pssistant m
w+John Reeves
Charles D. Hathews Assistant
First Assistant
JR:mw