- .

February 

### 26, 1953

Hon. HenryWade Opinion No. S-12 District Attorney Records Building Re: Authority of the commlsDallas, Texas sloners ' court to employ persons to work in each commissioner's precinct rather than allowing each oommleeloner to select Dear Sir: his precinct employees.

You have requeated an opinion on the following questions:

"Doe8 the Commisaionersl Court employ and approve by namethe persons worktig in each Commissioner's precinct, or does It merely approve the position and allow the Commissioner of that precinct to employ and discharge whomeverhe ohoosee?

. . . We would also like to knowIf this would apply to all elected offlcee." Section 4 of the Dallae CountyRoad Law(Chapter 

### 458, Acts 47th Legislature, Regular 

### Session, 1941, page 729, a8amendedby Chapter 311, Acts 51st Leglslature, Regular Sesslon~, 1949, page 579) provide8 in part:

"The Commlseloneret Court shall have, and is hereby given, authority to employ, and discharge all persons neceesary to perform all the provldloiae of thie Act;" In construing the provisions of Section 4 of the Dallas 

### County Road Law, it is stated in HIM v. Sterrett, 252 S.W.2d 

### 766 (Tex.Clv.App. 1952, error ref. -that the authority placed In the Commissioners' Court is cumulative of the authority already vested In It bySection 18 of Article V of the Constitution of Texas andArticle 2351, Vernon48 Civil Statutes, for hiring employees relative to county bualness,Hon. HenryWade, page 2 (S-12)



### Whenever e poweris Vested in the Commissioners’ Court, the authority must be exeroised by the court as a unit andnot by the IndlvlduELl commissioners. Stovall v. Shivers, 

### +f--ws 129Tex. 

### 256,103SIW.2d 

### 363

147Tex. 169 

### 214S.W.2d 

### 451(1937 B

### ;lt!ZXkZ (194 );Rowan 

### 237S.W.2d 

### 734 (Tex.Clv.App. 1951). It stated in iowan v, Plckett at page 

### 737:

“That the Commissioners I Court Is something more than the Individuals composing :, the body Is no longer an open question.

“‘By Article 2342 of the Revised Statutes, It 18provlded that the several commissioners, together with the county judge, shall compose the “comrnl8slonera court ,” Suchcourt is manifestly a unit, and Is the agency of the whole county. Therespective 

### members of the 

### commiesloners court are therefore prlmarlly representatives of the whole county, andnot merely representatives of their respective precincts. The duty of the commissioners court is to transact the business, protect the Interests, and promote the welfare of the county 

### as a whole. t Stovall v. Shivers, 129Tex. 

### 256, 103S.W.2d 

### 363,366.

‘And, as stated more recently bythe Texas~Supreme Court 

### in Cenalee v. Laughlin, 147Tex. 169, 

### 214S.W.2d 

### 451,455; ‘Furthermore, the individual oommlrrlonera have no authorIt. to bind the county by their aeparate action.’ ’ Since the authority to employ persons necessary to carry out the provisions of the Dallas County Road Lawis placed in the Commissioners Court of Dallas County, it is our opinion that the Individuals must be employed by the Commissioners Court acting as a unit rather than being employed by individual cbmmissioners. asking Referring to the **portlon** of your question

“If this would apply to a11 elected offices”, we assumethat you refer to the method of appointment of deputies, assistants, and precinct 

### officers. or clerks of district, count,y,

# , !;---.-

Hon. Henrywade, page 

### 3 (S-12)

The Legislature has that the deputies, assistants, districts, county and precinct oonslstently or clerks of --_ _--provided

various officer8 wlu Deappointed by the ofricer whomthe assistant, deputy, or olerk will assist. Articles 324-331b; 3902; 3912e, Sec. 19; 39126-2; 39126-4; 3912e-4a; 3912e-4b; 3912e

### 40,V.C.S. In construing the provisions of Article 3902, it 1s stated in Neeper v.. Stewart, 

### 66S.W.2d 

### 812 (Tex. Clv.App. 1933, error ref.):

“Apublic policy Is thereby manlfested In oase of county andprecinct officers generally to empowersuch officer to select their deputies or assistants and to forbid the commissioner’s court, or any memberthereof, from attempting to Influence such officers In their selection of asslstants. The reason for this policy la obvious. Officers elected to discharge public trusts, and uponwhomthe responslbillty for the proper discharge thereof rests, should be free to select persons of their ownchoice to assist them in Its discharge.” We, therefore, agree with your conclusion that, unless covered by some special statute applicable to a particular office, elected officers other than county commissioners mayappoint their owndeputies, assistants, or clerks without submitting the namesof the appointees to the oommlssloners~ court for approval. SUMMARY Individuals employed pursuant to the provisions of the Dallas County RoadLawmust be employed by the Commissioners1 Court of Dallas County, acting as a unit, rather than being employed by lndlvldual oonunlesloners. Elected oif'loera, other than county commissioners, may appoint their omr deputies, assistants, or clerks without submitting the namesof the appointees to the Commissioners aourt for approval.. .

Hon. HenryWade, page 4 (S-12) - .

Yours very truly, APPROVED: J. C. Davis, Jr. County Affairs Division JOHN BENSHEPPERD Attorney General

Willis E. Gresham Reviewer Robert S. Trotti First Assistant Assistant

John Ben Shepperd Attorney General JR:am