OFFICE OFTHEATTORNEY GENERALOFTEXAS
AUSTIN
Honorable James w. strawn
County Attorney
wlllaoy County
Rayiaondville,Texae
Dear Sir:
oertain depu-
me the amount to
other’drpatiemr.
193Q,nquerti~ aa
t&e followin&re-
r lnrormationrequlr-
appro?ed by the Oom-
he oon5haloner*i3Court
year without the request
he sherlfl entirely e.U.minate the
id to.oertalndeputies, or reduae
e paid to other deputies, Or raiee
t)pat&to sti$J other deputler?*
6869, Rer+ed civil Statutea, as aaended,
provides s
“Sberlfir,shall have the power, by Writing,
to appoint one or mre’.ileputlesfor their re-
speotlve oountie8, to ofbntiwe ia oftioe bring
the pleaeure of the eherlfr,rho shall have power
and authoriCy to petioim all the adts ana dlttiee
Honorable JQnee W. Straw& Paage2
of their principals;and every person so ap-
pointed ahall, before he enters upon the duties
of his office, take and subsoribe to thooffl-
cial oath, whloh ahall be indoreed on his ap-
pointment,togsther with the oertliioateof the
officer administeringthe same; and auoh appoint-
ment and oath qhall be reoorded in the ofiioe
of the County Clerk and deposited in said ofrioe.
The number of deputisa appointed bp the sheriff
of any one oounty shall be limited to notex-
oeeding three in the Juatics precinct in whioh
is loaated the oounty site or such aounty, and
one in eaoh Justloa preolnct, and a list of these
appointment8shall be poeted up in a oonepiououa
place in the Clerkto office. An lndiotmentfor
a relO4 of anp deputy sheriff appointed ahall
operate a; rerooation'ofhis appointmentas rmoh,
deputy she,riif. Provided farther, that if in the
opi4ion of the Commiseioners*Court feee of the
sherirr*a oifics axe not sufftoientto Justify
the payment of salaries or auoh deputies,the
Commiaaioxmra~Court ahall have the power to pay
the dame out of the General Puna of said oountq.*
Artiole 3902, Revised civil Statutea, as amended,
and applioableto Wlllaoy County, in part, prorldes:
9henever any district, county or preoinot
otrioar shall require the semiees of deputies,
assistantsor clerks in the performanueoi hia
duties he shall apply to the County commiesionors~
Court oi hie county for authority to appoint suah
deputies,assistants or olerka, stating by aworn
applioationthe number needed, the position to be
tilled and the amount to be paid. said applloa-
tion shall be aooompaniedby a etatement showing
the probable receipts from fees, commissionaand
aompenaationto be oollected by nald otrloe dur-
ing the fisoal year and the probable disburaementa
which shall inolude all ealaries aad expenses ot
aald otiice; and said court shall make Its order
authorizingthe appointmentof such deputies,
assistantsand clerk6 and fix the compensationto
be paid them within the limitationaherein pre-
scribed and determine the number to be appoiated
as In the discretion of said court may be proper;
Honorable Zames b. Strawn, Page 3
pr0viaea that in 50 case shall the Comd.s8ioner5)
Court or any member thereor attempt to influence
the appointmentof any person as deputy, assist-
ant or clerk in any offioe. Upan the entry of
such order the officers applying ior such assist-
ants deputies or clerks shell be authorizedto
appoint them; prwided that said oompensation
shell not exceed the maximum amount hereinafter
set out. '&e oonpensationwhioh may be allowed
to the deputies, assistantsor olsrks above named
for their services shall be a reasonable one, not
to exceed the followingamounts.
"1. In oountieshaving 6 population or twenty-
five thousand (25,000)or less inhabitants,first
assistantor chief deputy not to eroeed Eighteen
Htmdred ($1800.00)Dollars per enntun;other assiet-
ants, deputies or olerks not to exceed Fifteen
Hundred ($lSOO.OO)Dollars per annum each. * * *e
TBder the protlsioneof &Wale 6869, eupra, the
sherifr is given the power, by writing, to appoint one or
m0re deputies for their respective counties; to aontfnue
In offloe during the pleasure of the sheriff and such is
tantanmmt to a provision that both ap intnkentand tenure
of office are di8oretionarywith the 8r erfff. - Murray Y.
Barrin(C. C. A.) ll2 S. 'VI.(2d) 1091.
It is apparent under the foregoing authorities,
that the aoxnlssionera'oourt can limit the number and
salary or sherirf'8deputies but said CWrt has no pouer
Over the naming of the indi~duals to be appointed,and
are espeofallyprohibitedf'romattempting any such influ-
enoe. - Harris county et al V. Smith et al, 81 S. W. (26)
337 (writ refused).
The conmissioners*aourt 3.8vested with full
authority to msnage and direct the financial affairs 0'S
the county. Such court is given full authorityover the
expenditureof funds for salaries to be aid deputies em-
ployed in the office of the sheriff withsn the maximum
limits rixea by law. The appointment,by applicationt0
ana with the oonsent of the aosasii8sioners*
aourt is OtiY
to be effected after a proper order authorizingsame is
made by the commissioners*court.
349
mnorable James Vi.Strawn, Page 4
Deputies, olerks and assistants have no vested
right as to hny fixed salary wIthin the maximum llmlts :
authorizedby Artlole 3902, supra, as agaIn& the author-
ity of the commissloners~aourt to change same or eU.mlnate
the entire salary of deputies at any time during the year
so long as Its orders are not retrospeativenor auy reaue-
fion or iucrease Is made In salaries earned for past aervloes.
It Is, thererore, the opinion of this aepartmnt
that exclusiveauthority and control during the year over
the salarles of deputies duly appointed by the sheriff as
authorizedana rixea under the provisions 0r Artlole 3402,
~el?loll*s
Revised Civil Statutes as amended, Is vested in
the OdSSiOnerI)' aourt and suoh oourt may exerolse suoh
authority without the consent and approval of the sheriff,
Trusting the above answ8rs your request,x8 are
Yours very truly
BP