OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Aubr ey Robiron
Dear Sirs
We eoknowledg ur letter o?
rsoent date, reedlng es
t
soholastios hare
ark, end eooording
Bred by your d8part-
Ot' OOUAtJ superhtend-
he period for which the
Department cb Eduoatioa has re-
ary from $2000,to jlSO0, aIlAU3lly
perintendent has In his pos,ression
ten by this sam auditor on Meroh
ch time this same question exactly
arose, end he ruled as follows:
et This Department has held consistently
for a number of yeerr that the salary of thr
superintendent could not be rsduoed durFng the
term for the reason that he is eleoted to the
office upon thst basis, eAd therefore ee loag
as the incu:nbentholds the otflce he is entitled
Honorable Aubrey Robleon Paer 2
Vhr Cpaestlon to be answered 1s:
** Can the 83. ary of the County Super-
intendent of ldorrle County be reduoed from
$2000 to $1800 annually, beoause of the drop
Ln roholastlos or must it remain nt $2000?*"
Replying to the above question you arc advised
that opl~lon O-1833 olted by you dealt only with the
qU06tiOA Of the OXlSteAO6 Of the Offi Of COUety Super-
intendent rrh6~ the 8oholastlo 06~8~6 fells below 3000,
(end oartaln related questions) but did not de61 with
the qusstion of the relary o? the Oounty Superintend6nt.
The salary of the County Superlntsndsnt le
fixed by Article 2700.' R.C.S. 1925 rhloh reads es
follower
"The 616OtlVE COllQty SUp6riAttXld6RtBshall
reoslts from the Avalleblo Sohool Fund of their
rsspectlve oountles annusl salaries bass6 on the
roholastlo population of suoh oountlrs ee r0li0n0:
nPopuletlon
3000 or less
3ooa to is000
4001 to 5000
". . . .
"In making the annual budget for County
Admlnlstretlon expenses the County Sohool
t'l'USt6Wsh311make 6llOWaAO6 Out Of the
State Available Sohool Fund for salary and
6Xp6AB88 Of the OffiCe Of tb? COUAty SUp6F-
IntendeAt end the name shell be detsrmlned
by the resident scholestlo population of the
oounty. It shell be the duty 0: the County
Board of Trustees to file the budget for
county edainistrstlon expense with the %Cste
C Eduoation on or beiora September
Depqrtment o-
first of eaoh soholastlo year, the budgst to
be approved snd 06rtiff6d to by the Fresldent
of the County Roard of Fducqtim and attested
180
Honornblr Aubrey Roblson Page 3
to by the County Superlntsadent. The oaf&-
psrrsatloo herein provided for 8hsll be paid
mOAthly upon the order Of the County Sohool
Tru8tses; provided that the 6alery for the
month of Se tember shall no6 be paid until
the County i UperinteAdent preasnts 6 reoaipt
from the State Superintendent rhowing thst
he has made all reports required oi him,*
Thls~de artment, in o lnlon Ho. O-&806, held
that when the sohoP astlo populat 4 OA is lnoreassd frca a
lower to a higher breoket, the salary of the County Super-
intendant is oorrespoadlngly lnor66664, and we think thr
rams au10 should be applied when the 6oholaatlo population
18 deoraased.
You are advised that the ralary of the County
Superintendent of Morris County 16 $1800 80 long a8 the
soholastlo population r eavlne below 3000, but if it should
increese ln the next or sny suooeeding odnsu6 h%s salary
will b6 oorrespondingly Increased, in eooordenos with the
salary soh6dule oontsLn6d in hrtiole 2700...
Yowp very truly-,.
‘XC: iod