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# THEA~TORNEYGENERAL OF a’EXAS AUSTlN 11. -rExaS WILL WILSON *%-roRNEYGENERAL May 10, 1961

Honorable Crawford Parker, Jr. County Attorney Panola county Carthage, Texas Opinion No. WW-1050
Re: Whether the Commissioners Court has the authority topass and enforce aresolution providing for the retirement of certain appointed employees

Dear Mr. Parker: employed and supervised by the Commissioners Court upon their reaching retirement age an&when they are fully eligible for social security?
You have requested an opinion onthe following questions:

1. Does the Commissioners’ Court of Panola County, Texas, have the authority to pass and enforce a resolution providing for the retirement of certain employees directly employed and supervised by the Commissioners Court, which includes Road and Bridge Department Employees ?

2. Does the Commissioners’ Court of Panola County, Texas, have the authority topass and enforce a resolution providing for the retirement of certain employees and deputies ofthe offices of County Clerk, County Tax AssessorCollector, District Clerk, County Judge, County Sheriff, and County Attorney?
We are unable tofind any statute dealing with the subject of retirement of county employees upon their reaching a certain age and upon their reaching the age ofeligibility for social security. Articles 2351 through 23725, Vernon’s Civil Statutes, 1925, as amended, too lengthy to quote in this opinion, give the Commissioners’ Court ofeach County certain powers connected with the office including the responsibility of employing persons toperform work onjobs under the Court’s jurisdiction such as positions necessary to the upkeep ofthe roads and bridges ofthe respective counties.Honorable Crawford Parker, Jr., page 2 (WW-1050)

The duties incident to the performance ofthejobs under the Commissioners’ Court’s jurisdiction are necessarily performed under the direction ofthe Commissioners’ Court acting as aunit and the Court is responsible for the acts ofits employees in connection with the efficient performance oftheir duties. Since the Commissioners’ Court has the responsibility for employees under its jurisdiction, ithas the authority tohire and fire or make any reasonable regulations it so desires in connection with its employees, including the power tomake and enforce orders as to the retirement of persons performing work under its jurisdiction.

Therefore, inanswer to your first question, the Commissioners’ Court does have the authority topass and enforce aresolution providing for the retirement ofappointed employees under their supervision and jurisdiction upon their reaching retirement age and when they are fully eligible for social security. However, the present Commissioners’ Court or a subsequent Commissioners ’ Court can at any time rescind such resolution.
Article 3902, Vernon’s Civil Statutes, reads inpart as follows:
“Whenever any district, county or precinct officer shall require the services ofdeputies, assistants or clerks inthe performance ofhis duties he shall apply to the County Commissioners’ Court of his county for authority to appoint such deputies, assistants or clerks, stating by sworn application the number needed, the position tobe filled and the amount to be paid. Said application shall be accompanied by a statement showing the probable receipts from fees, commissions and compensation to be collected by said office during the fiscal year and the probable disbursements which shall include all salaries and expenses of said office; and said court shall make its order authorizing the appointment of such deputies, assistants and clerks and fix the compensation to be paid them within the limitations herein prescribed and determine the number to be appointed as in the discretion of said court may be proper; provided that inno case shall the Commissioners’ Court or any member thereof attempt to influence the appointment ofany person as deputy, assistant or clerk inany office. Upon the entry of such order the officers applying for such assistants, deputies or clerks shall beHonorable Crawford Parker, Jr., page 3 (WW-1050)

authorized toappoint them; ~. .‘I
The elected officials ofeach county ofthe State of Texas, under the law, are given certain duties connected with the office which they are obligated todischarge and perform. Incarrying out these functions, Article 3902, Vernon’s Civil Statutes, above quoted, gives each official the authority to employ deputies, clerical workers, and other persons ofhis own choosing towork solely under his direction and supervision. The law holds the official responsible for the acts ofhis employees and the employees, in attending toand performing their duties, are responsible only to him.

The Texas Courts have repeatedly held that the Commissioners’ Court is a Court oflimited jurisdiction and has only such powers as are conferred upon it, either by express terms or necessary implication, by the statutes and constitution ofthe State. Childress County V- State, 127 Tex. 343, 92 S.W. 2d 1011 (1936); Von Rosenberg v. Lovett, 173 S.W. 508, (Civ. App. 1915, error ref. ). As stated above, we have been unable tofind any statute giving the Commissioners ’Court the authority tomake and enforce orders for the retirement of county employees upon reaching acertain age, therefore, the manner inwhich apublic official performs the functions ofhis office, with the help ofhis authorized deputies, assistants and clerks, is not a responsibility ofthe Commissioners’ Court.

As retirement ofemployees ofelected officials on reaching acertain age may directly affect the discharging ofthe duties ofthe particular office, the responsibility for which is inthe public official elected to such office, the Commissioners ’ Court not being charged with such responsibility, either expressly or impliedly, is not authorized to assume control and attempt to regulate the retirement ofindividuals employed by other elected officials.

Therefore, inanswer toyour second question, it is the opinion of this Department that the Commissioners ’ Court ofa county does not have the authority to pass and enforce a resolution providing for the retirement of certain appointed employees, employed and supervised by other elected officials, upon their reaching retirement age and when they are fully eligible for social security.

SUMMARY

The Commissioners’ Court of Panola County has the authority to pass and enforce a resolution providingHonorable Crawford Parker, Jr., page 4 (WW-1050)

for the retirement ofappointed employees, employed and supervised by the Commissioners’ Court, upon their reaching retirement age and when they are fully eligible for social security; however, the present Commissioners’ Court or a subsequent Commissioners’ Court can at any time rescind the resolution. The Commissioners’ Court has noauthority topass and enforce such aresolution to cover appointed employees under the control and supervision ofother elected officials ofthe county.
Yours very truly,
WILL WILSON

IBW/pe Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman Dudley D. McCalla Marietta McGregor Payne Maston Courtney W. Ray Scruggs
REVIEWEDFORTHEATTORNEYGENERAL
BY: Morgan Nesbitt