OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable T. M. Trimble, First Assistant
Stats Superintendentof Publla Inatruotlo
Austin, Texas
Dear slrr
Vi8hare.reoel
in whloh you enclose thr
County Suporlntemdeuztor
on.8 lottu Of Ootobor
Odtober l3,194l, as
stlon Is, may we pay $1,200.00
ant fram the Couaty Admlnistra-
ooordanoewith H. B. 3tr, or Ghapter
Legislature (providedwe pay no
es iron this fund) and may the kmmls-
oart pay her $180.00 in aooordanoewith
8, Aots &lst Legislature,Regular Sem4on
without violating either law?'
2. "Pleaas su plement that letter (above quoted .
letter) by the foI.!
owing statement and s6.advlae the
attorney general.
YI!hatthe part or the salary for the aeeletante
mentioned in my letter paid in aeoordanoowith Chap-
ter 148, 1s to be paid dlT@Ot by the Oolmoi~alaae~a'
rENrRAl OR ,IRST
Honorable TI hf.Trimbls, First Asalstant,page 2
Court rather than through this offloe. For
example, the aohools ~111 pay Erln Blbbf
#1,2CO.O0 tar 104 months and the C~ssloners*
Court will pay her in aqoordanoawith,the laws
above, $180.00 for l~mont,hs.W
That part or ~ouss Bill 364, hots 1941, 47th
Lsglalature,$R.S. (Artiols 2700-1, Vernon's &UIQtatsd Civil .
%;ig.), whlsh is pertinent to your lnqulry~lsquoted as
)I .Ths oompsnsatlonherein provided ror
shall is'pald monthly upon the order ot the County
Sohool Trustees; provided that the salary ior the
month of September shall not be paid until the
County Supsrlntsndentprsasnt.6a reoeipt from the
State Su3srlntsndsntshowing that he has made all
reports rsqulred or him. The County Supsrlntsndsnt
with the approval and the OonilllMtlonot the
hUnty Board Or Bdusationmay SIllplOy a OOm~et6nt
assistant to the.County Supsrlntsndsnt~ata salary
not to sxosed Two Thousand Dollar8 (#2,000.00)and
may alro amploy sush other a8slstants as nsosssary
provldsd the a sgate amount of the salaries of
suoh other assr&ants shall not sxosed !Ihlrs
Hundred Dollars ($1200) annually; and the County
Board or Bdttoatlon may make further provfslons
an it dssms nsosssary ror orrlos and trarsllng
sxpsnsss or the County Supsrlntendsnt;prorldsd
that expendituresror oftlos and traveling sx-
penses or the county Superintendentshall not be
lesa than Three Hundred Dollars ( 300) and not '
more than Eight Hundred DoUars.( 0800) per annum,
suoh expsnss shall first be proven by atfldavlt
therefor, and said Board Is hereby authorizedto
fix the salary or suoh aselstants and pay same
out or the name tunds rmm whloh the-salaryand
sxpenses of the County Superlntsndsntare pald.W
Section 2 or Senate Bill 268, Chapter 148, Aots
l,lstLeg. R. 3. provides a8 follows:
visa. 2. In making the annual per Oapita
apportionmentto the sshools ot the Counties
having a population of not 18s~ thka 100,000
&Q~tarabls T. II.T&able, First Assistant, page 3
and not aore than 150,000 the Cotity Sohool
TrUst~er.&&ll also make and annual allouanos
out of-the state and aoucty Available Fuade
for the,paymentof the sala?y or the Supsrln-
twdent of mbllo Instructionnot leas than
$2,&00.00 nor more than 43,ROO.CO ard the
oommiasioner8.*Oourts or tiie~ couutie~ having
a papulablonor .notloss than 100,000 aor
more thaii150,000 may expend out di ths general
fund of said oountlss any auma not sxoesdlng
the sum or $1200 per &mum to defray the
sxpense8 iar?urrsd by said County Superintendent
,wh$QhYsal&-sv or any part thereof shall be paid
by s&id ComPstsslonsre upon certirioete or aald
Supsrintandentthat the expsnsss have been ln-
surred 1% the dlsoharee of his duties as suoh
~~Super1nt.8gd~n0."
Wthoot pawing upqn the ralldlty or ssnate Bi:l
268, ws desm it suiiiol+uab -say that it la not ap llrabls to
the matters about whloh ~~JZIn@re. SehnateBill 2B8 .dsals
only rlth the salary and '~x&&&xvIof ,theoounty supsrlntendsnt,
uhlls you ask about the salaries of ths first a&idssoond assls-
tanti to the county s,uperlntandsnfwhloh ars fix+ by iioUss
Bill 364.
On Septembsr 10, 19&l, this dsparibnt.rsndered
Oplnlon No. O-3345 to Honorable ?&neat G&Inn, County Attorney
ot El Faso County, whlah we quote in part 'asfo~lowsr
*We oonour wlth your opinion that Howe
Bill No. 361,plaoos au absolute llmltation
upon the amount that may be paid r0r salul.ss
or aseletanZ8. The Aot p3.alnl.y provides that
onb asslatant to the oounty superintendent may
be paid an annual salary not to sxsesd Two
Thousand Dollars ($G?OOO).The Aot alao plainly
provides that aush other assistants as neoeosary
may be mploysd, but that the a~sgats araowt Or
the salarlss of euoh other assistants skall not
exceed the total sum of Tuelre Huadred Dollars
($1200) aMUtily. It follows that the ilr8t
assistant may be paid not to SXOSQd 93~0Thousand
~0111~s ($2,000) per annum as salary, snd that
not mope than Twslvc Hundred Dolm8 (gl2O.O)
ln
the aggregatemay be sxpsndsd ioF the annul
.
Honorable T. M. Trlmble, First Assistant, page 4
.
salaries for suoh additional asslstsn:;s
as
may be required and authorized.*
It follows that both your first and eeoond ques-
tions are answerM in the negative.
You will notide Srom that part oi House Bill 364
whish wa have quotad that the oompenaationprovided therein
ahall ba paid monthly. ‘K'eam, themerore, of the opinion
that tha monthly paymant should be ens-twaltth (l/12) or the
annual salary spsoified therein, and that a payment in exooas
of suoh amount would be unauthorized.
We now qpota.rromMr. Hinton's aeoond letter 0r
Ootoby 13, 19JJ..as rollowsr
Today the County Board amployedXisa
Dorothy Soalfe aI)elementary aupervlaorin this
county ln aooordanoewith H. B. 364. They em-
,plugedher for 7 monthr~bsglnnlngNovsmber 1st
for.7 months at a salary ot 7/9 or $2,000.00 to
bo paid monthly. That; fs, she was employed for
7 months to rsoeiva $222.22 per month. Mlea
Soalre must lttsnd summer sahool next summsr
and tharafors Is not &igible to work full t&no
during the summer months; Plaasr ssoure from
the Attorney General and wire ii we may employ
Elss Soaife ror 7 months at 7/90t $2.000.00
In aooordanoe with the above faots and In ao-
oordanoewdth B. B. 364.
-If the Attorney Cansral advises that‘we
can not amplop Miss Soalfe as above mentioned,
please ask him for an opinion es to whether they
may employ her ror 10 months beginning November
1st and pay her lo/12 of $2000.OC,sameto be
paid monthly but at the same time have it under-
stood with Xlss Sealte that she may attend sohocl
for 12 weeks during the summer ot 1942."
Section 2 of house Bill 364 provides as iollOWa:
WZJZ. 2 Tha dOunty SuperlntandantOf Fublio
Instructionmay, with the approval of the County
Board of Eduoation, employ onoor mars aohool
supervisorsto assist in planning, outlining,
Honorable T. M. Trimble, FIret Assietant, page 5
and supervisingthe work oi the Public Free
Sohools In the oounty whloh Is under the
supervisionoi~.theCounty Superintendentof
Publio Instruotlan,-Said supervisor or
supervisorsehall at all times work under
the supervisionand direction of the County
Superintendentof Fublio Instruction,as
other assistantsare raqulred to do, and
must have evidence ot prorloiencp in rural
aahool supervlaionand must be the holder of
at least a Baohelor of SoIenae Degree or
higher. Suoh supervlcsor or supervisorsmay
reoeive a ELary of not to exoeed Twu Thetis-
and Dollars ($2,000)per annum, to be paid
out of the sama3unds and in the 8am~ manner
as that of the Sour&y Superintendentot Pub-
lio Instruotlon and other assistants.*
.. It Ia ,aaenthat the salary of the supervisorIe to
:~,
.A’~be paid in the,same manner aflthat of the oounty suparI.ntendant
‘:,IzL
and other aeslstants; in other words, it is to be payable month-
::,1Y.
Xouse 8111 364 does not require that assistantsor
superviaorabe employed ror a opeoifio period or time. It
merely provides for their empl@ymantand ‘fixe&their maximum
oompeneatlon. We believe that‘it it Is determinedthat a
supervisorIs needed for a period oi time less than a year,
suoh supervisormay be employad for that period of time. But
he Ia entitled to a monthly salary of no more than one-twelfth
(l/12) or $2,000.00, and ho oannot be employed and paid for
a period of time longer than the time he will act ae euper-
vleor and perform suoh dutiesraa suoh.
It la asked in Mr. HInton’s letter whetiharthe
oounty board may-employ a euperviaor for tau months, beginning
November 1, 1941, and pay her lo/12 of $2000, with the under-
standing that she may attend aohoc$ for 12 weeka during the
summer or 19&2. We assume that ehw.‘would not act as super-
visor during the time that ahe attended sohool.
Honorable T. M. Trlmble, Flrat Assistant, pr?ge6
The eighth, ninth, and tenth months oi the oontraot
would be June, July, and August. The twelve weeks ot eumaer
soho would include part, ii not all, of June, all or July,
end part of August, and during this tine she would not be
acting a0 supervisor. It ie our opinion that under the sta-
tute ahe may not be paid for any of the time that she la not
aoting as su$ervisor.
i * .