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The Attorney General of Texas
December 28, 1978
JOHN L. HILL
Attorney General
Honorable Oscar H. Mauzy Opinion No. H- 1313
State Senatorial District 23
Texas State Senate Re: Authority of a school
Austin, Texas district to assist teachers called
before a hearing committee of
the Professional Practices Com-
mission.
Dear Senator Mauzy:
You have requested our opinion regarding the authority of a school
district to assist teachers called before a Hearing Committee of the
Professional Practices Commission. The Commission is a board composed of
15 members appointed by the Governor and “selected from the several
professional groups.” Sections 13.203, 13.205, Texas Education Code. The
Commission is authorized, inter alia, to receive complaints against teachers,
administrators and other professionals for alleged violation of the ‘code of
ethics and standard practices”; to hold hearings thereon; and to present its
recommendations to the Commissioner of Education, who makes the
determination. You first ask whether a school district is required to deduct
paid leave for an employee called as a witness before the Commission.
Article 5, section 2d of the 1977-79 General Appropriations Act
provides, in pertinent part:
None of the moneys appropriated under this Act
shall be used for the payment of salaries to any
employee who accepts witness fees in contravention of
the following provisions:
Any state official or employee called to appear in
his official capacity in any judicial action or legisla-
tive investigation shall neither accept nor receive any
witness fees for such a governmental appearance;
p. 5167
Honorable Oscar H. Mauxy - Page 2 (R-1313)
Rut if the appearance as a witness is not in an official
capacity but is to testify from personal knowledge concerning
matters related to the inquiry, then such employee or official
shall be entitled to any customary witness fees;
And any state employee or official appearing as an expert
witness shall be entitled to accept compensation for his
appearance only when such appearance shall be made on his
own time; . . . .
General Appropriations Act, Acts 1975, 65th Leg., ch. 872, art. V, S2d, at 3142. These
provisions clearly imply that an employee who does not accept a witness fee may be paid
his regular salary during his appearance before a committee of the Commission, and that
even an employee who accepts a witness fee may be paid his regular salary so long as his
“appearance as a witness is not in an official capacity but is to testify from personal
knowledge concerning matters related to the inquiry.” Even though this provision of the
Appropriations Act may not apply to teachers, we believe it expresses the public policy
determined by the Legislature, and accordingly a school district would be able to act in a
manner which is consistent with this policy. Thus, within the limitations described, we do
not believe that a school district is required to deduct paid leave for an employee called
before the Commission or its subordinate body.
You also ask whether a school district may pay the attorney’s fees before the
Commission for an employee against whom a complaint is brought. In Attorney General
Opinion H-887 (19761, we held that a city council may pay the attorney’s fees for an
officer or employee who is sued in his individual capacity, provided it believes that the
city’s legitimate interests - and not merely the personal interests of the employee - are
at stake in the action. The propriety of such expenditure of public funds depends upon the
governing body’s good faith belief that vital public interests are at issue. Attorney
General Opinions H-544 (1975); H-70 (1973); Letter Advisory No. 24 (1973). Since you have
not presented us with a particular factual situation, we are unable to answer more
specifically.
Your final question is whether a school district may unilaterally release personnel
files of either party to either attorney in a hearing before the Commission. A school
district is not a party to such a hearing, and we are not aware of any specific statute
requiring the district to furnish information to the parties. The Open Records Act, article
6252-17a, V.T.C.S., does not generally prohibit the release of government records. Open
Records Decision No. 177 (1977). Any document should be reviewed to determine if it
would fall within the exception set out in section 3(a)(l) of the Act. If it does fall within
that exception it should not be released. Without having an opportunity to examine the
specific material we cannot say whether it falls within the exception.
P. 5168
Honorable Oscar H. Mauzy - Page 3 ( H- 13 13 )
SUMMARY
Within certain limitations, a school district is not required to
deduct paid leave for an employee called before a hearing
committee of the Professional Practices Commission. Whe-
ther a school district may pay the attorney’s fees before the
commission for an employee against whom a complaint is filed
depends upon whether the board of trustees believes in good
faith that the district’s legitimate interests are at stake.
Attorney General of Texas
Opinion Committee
p. 5169