## 181

OF ’ FICE OF

. 

## THE ATTORNEY 

# GENERAL

AUSWN. TEXAS

PRICE DANIEL *TTazNEY GENERAL February 17, 1948 **FAOAN** DlCKSON
rrmz AmmmEon. W. A. Radden opinion No. v-505 County Attorney Pecos county Ret Authority of anagersof Fort Stockton,Texas County Board of Roapltals to fix the Superintendent's salary on a contingentbasis.
Bear Sir: Reference is **made** to an opinionby this Department, letter addressedto you by the ln part, as follovs: your recent request fbr wherein you encloseda County Judge, vhloh reads,

"The taqiayers of P&OS- County voted bonds in the amount of $300,000. in 1946 for the colhstliuction and equipment of a county hospital,and assessed and levied a tax for the payment of bond maturities and interest.
"The C~nnnl~sidne~a Court being informed that the hospitalWould be'or' could be made self supportingassessed, levied **or** collected

no taxes for malntenancf! or necessary expenses thereof.
"After the site has been acquiredand the contractawarded for the constractidn of necessarybuilding&, and a board of'managera tippointed

Ii$the"cotiYt

a8 provide&by Art. 4479 VCS; hiis-'this board power or anthi ority td employ a superintendent and fix his salary on a contingentbasis; based on the net earn-s of-the ~hospital or income from the operationthereof,he to receive a s&11- ary not to exceed thrj net earnIn@ of the hospitalwith a maxl&um of $5;000.00a year he aasnming the pay&M of tilloperating'6xpensea, and,ln nb manner obligatingthe--&ounb. He to be employed.subject to all-the terms, conditionsand provisions of the

## 182 Ron. W. A. bdden, page 2 (v-505)

County HospitalAct."
lishing, Article.

4478, V. C. S., provides for'the estabhospital.

enlarging,repairingand maintaininga county

Article 4479 provides for the appointmentof six residentproperty taxpaying citizensof the county who shall constitutea board of mauagers of saLd hospltal. Article 4480, V. C. S., 1s as follows:

"The board of managers shall elect from among lts,members

a president,and on6 or more vice-presidents and S secretary'aud a treasurer6 It shall &ppoint 8 superlntendent of the ho'spltal who sball hold office at the pleaeure~ofsaid-board. Said superUtendent ,&all not be &member of the board, aud shall be a qualiiiedpractltloner of medicln6, or be speciallytrained for work of such character. ."Said board'shallfix the salariesof the auDerlntendent and all other offlciweand e lo es v rm, II' tlon made thereforby~the commissioners court. and such salarles~shall be 'comeneatlon In full f6r all servlt5es tietiered.%e board sh&ll deter-e the amount of time required to be spent at the hospitalby said. superintendent

in the discharge of his duties. The board shall have the general managenent:&ndcontrol of the said hospital, grounds;buildings, officersand employees thereof; of the inmates therein,and of all matters relati@ to the government,dlscipllDe, contractsand fiscal coficerns thereof; and make such rules and regulations8s may seem to them .neceaaary for carrylng'out

the purposes of suc~h

hospital. They shall maintaLn an effective inspectionof said hospital and keep themselvesinformed of the affairs and management thereof; shall meet at.the hospitalat least once in every month, and at such other times as may be prescribed in the by-laws; and shall hold an annual nieeting at least three weeks prior to the meet-Hon. W. A. Hadden; page 3 (Vi505)

lng of,the commlaaioneiis aoui% t which a prourlatlons:forthe ensuini..sear are -ii considered." (Empha~lsadded)

..:,.. '.. Article 4484, v.,C. S., providesiIn part: "The board of managers 'shall keep in a book provided for that purpose a proper record of its proceedings.

. . The Board shall certify all~bllls &nd acaounts, lncladinn aalarlesand wages, and transmITiT them to the commissionerscourt.who shall provide.fortheir moment in the same manner as other charnes against the aounty are Mid." (Emphasla added)

follows: Article 4485, V. C. S., provides, in part, as

"TJze superintendent

b-11 be the chief executiveofficdr of the hospital,. but shall at all times be subject to the by-laws, rules and regulationsthereof, and to the powers of the board of managers.
'& &all, vlth the cons@nt of.the board of 'managers,.equlp the'hoepltal

with all necessary furnitrire,,&ppllancea,fixtures and all other needed facilitieti for the care.

and treatment~of

patients;w for-theniie

of offIcera and &plojies thereof;~snd~shall~

purchati6

all~'neoessdiy

supplies,notexceeding the amount provided for such purposesby the commlesioners court
"He shall dollect snd receive all moneys due the hospital;~&&epan-hccurate.accountof the *time, tieport the same at the monthlg meeting of the board of managers,and transmit the same to th6 county collecgorwlthint ten 'days after such meeting.
In the case'bf Commtssloners Oourt of Madisbn County v. Wallace, 118 Tex. 279, 15,S.,,W. ($!a) :535, the Supreme Court said:

"The commlasloners co&t Is a crha-. tnre of the state constitution and its 

## 183

## 184 110n. W. A. Hadden, page 4 (V-505)

powers are limitedand Ocintrolled by the constitution

and the laws ab psesed by the legislature. Artle'lh'5, Section 18 of~the Constitution

of Tex&s;'Btildvin

v. Travis Couhty, 40 Texi Clv. A Seward v. Falls County "p' lgg, 88 

### s. W. 480; Tex. Clv. App.) 246 3. W. 728; Bland v. Orr. 90 Tex. 492, 39 3. W. 558."
It la .awell settledprincipleof law that the commleslonera

court does.not 'have any authority except that which la expresslyor Liuplledly conferredupon it by law. Edtibds County v;,.Jenni.ngs; 33 S. W. 385; 15 C. J. 457, Sec.,103;15 C..S. 537, +c. 221.

"Where a power LS granted tind.themethod of.

Its ex&rclse~ls

prescribed,the prescribedmethod exclirCLes all others, and must be followed.' LeHa SuthetilasnLStatTtLxIry T.d~~~~&~, W*.%, ?wl

. 572, =yq~, 628,. 631. 15 C. J. S. 935, 936, provides, in part, 3s follows: "The source of payment of compensation of county offlcers,~agenta; .and&mployees IS ordinarilyregulatedby conatltuMona1 and statutory pr~*lslon. ‘Under spme conatltatlonal

and stetuttiry

p~ovlslona such comp~nsatlon~lti payable only from the general fun+ in t@e cotu+y treasury,or from some specialfund, or ftiom themfees and emolumentsof the office;

. . . It is noted In Article 44480, supra, that the board shall fix the salariesof'the Superintendent and all other officersand employeeswithin the limits of the appropri&tlon

made thereforb$ the Commlssionera Court and such salaries shall be compensation in full for all servicesrendered.

The word 'salary"as defined in Webster's Hew International

Dictionary is: "The recompenseor consideration

paid or stipulatedto be paid to a per- 'son at regular intervalsfor services,especiallyto' holders of official,executipe or clericalposItion*; fixed compensatlon,;egularly paid, as by the Year, quarter, month or week.Hon. W. A. Hadden, page 5 (v-505)

We find in Words-and.P&ases lsalaq' may be.definedgenerally as a thist "the. word fired. aqnual or periodicalpayment for services,dependingon the time and not on the amount of-the services .rendered.n.

Since the statutes clearly provide that the board fix the salary of the Superintendent of the hoapltal, and that the Commissioners' Court shall pay the salary certified 'in the same mamer.as -other chargek against the county me paidI', and in view of the foregoing, It-la the opinion of this Department that the board of managersdoes not have the authorityto employ a Superintendent of the County Hospital.andfix his salary on a contingent-.baals. Stated in Wother~ way,. ve.bellevethat the board must fix the salary of the ,Superlntendent at a sum certain wltbln the limita of the appropriation made thereforby the Commlsslonera' Court.
SUMMARY

The Board of.Managersof the County Hospital la not'authorla6d to fix the Superinteudent1s~4alary on 8 contingent basis, based on the net.eernlngsof the hospital or income froni the o eratlon~theie-. Arts 4480 4484 and 4485’~ V C S * %. V, S&tion'l8, 0: the Texa: (&&t~~ tlon.
Yours very truly, ATTOiUiE GEHRRALi

OF TEXAS

BA:mi Btiuce' Allen Assistant

APPROVED:

ATTORHEY GERERAL