JIM MATTOX Attorney

General
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An Equal OppOrtUniiVl Affirmative Action EmPlOYer 

# The Attorney General of Texas February 21, 1986

Honorable David W. Wallace Sutton County Attcmey P. 0. Box 1508 Sonora,Texas 76950 Opinion No. JM-440
Re: Whether a commissioners courtmay set the officehours of the county auditor
DearMr. Wallace:
In Attorney General Opinion JM-182 (1984),we concluded that the commissioners court of Lampasas County, a county with a populationof less than 8,000 Feople. does not have authority to establish office hours for other elected county officials. You ask whether the commissionerscourt of Sutton.County, a countywith a populationunder 5.000. has autho::ityto establish office hours for the office of county auditor, ax appointed office. We answer your question in the negative. The office of county auditor and the method of appointment, the qualifications Herefor. and the duties thereof are governed by articles 1645 et SCQ,. V.T.C.S. Authority to appoint the county auditor and tox;'iermine his salary is reposed in the judges of the district courts having jurisdiction in the county. V.T.C.S. arts. 1645-1647. There ,isno provision, however, which purports to repose authority fqr setting the office hours of the county auditor in the district judges zihoappoint him. You ask specifically whether such authority is repclc,ed in the commissioners court. We have found no statutevhich nur)urts to do that in the situation vou describe. See _-_--__ .._-.~ =--:~.--- -- -- .~~_. --~ ..~~ .~.~~~~~.~~ ~~ ~~ ~~ ~~ Commissioners Coc,rtof Harris County v. Fullerton, 596 S.W.2d 572 (Tex.Civ. App. -Houston [lst Dist.] 1980,writ ref'd n.r.e.1; Smith v. McCoy, 533 S.W'.2d457 (Tex. Civ. App. - Dallas 1976, writ dim (both cases discuss authoritv and duties of county auditor and those df commissionerscourt).
. As we noted in Attorney General Opinion JM-182 (1984), there is no statute generally applicable to all counties which sets forth the officehours or th,e work week or which empowers a connnissioners court to set such off:tcehours to be observed by county officials and employees. In c,xmties with a population of 500,000 or more, the commissionerscourthas explicit authority to adopt

rules aid regulationsgoverning thehours of work. vacatiolr;,holidays, sick leave, medical care, hospitalization. compensation and accident

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insurance, and deductions for absences [for certain specified employees].
. . . (Emphasis added). V.T.C.S. art. 2372h. 01. I,e,ction 6 of article 2372hextends the reach of such rulesand regu1aticm.a to the county auditorandhis assistants if such rules are adopted 'mya majority of the judges of the district courts of the county. A, second statute permits counties with a population over 200,000 to <establisha civil servicecommissionwhich has the authority inter al&& to adopt rules relating to the "rights, benefits. andworking condj.tions" of county employeeswhich we believe may includethe authority 1:cset office hours. V.T.C.S. art. 2372h-6, 58(a)(7) ; see also V.T.C.S. art. 2372h-8 (sheriff'sdepartment civil service system in countiee of more than 950,000 population). Other statutes of narrow applical~ility govern thehours of work for persons employedby a county. See.e.g,, V.T.C.S. arts. 5165.1. 5167a. See also Elec. Code 512.004Toffice of county elections administrator required to remain open on election day); V.T.C.S. art. 5165a (full-timestate employees xequired to work 40 hours per week; normal state office hours set a':8:00 a.m. to 5:oo p.m., Monday through Friday). There is, however, no statute generally applicable to all counties which purports c:itherto set the office hours of county personnel or to empower tne comissiouers court specifically to set the office hours of, the county auditor. We do not address the authority of the district judges to do so. See Attorney General Opinion JM-49 (1983). Nej.therarticles 2372h nor2372h-6. V.T.C.S., appliesbecause Sutton County does not possess the minimum population requisite. Relying upon the oft-cited authority of Canales V. Laughlin, 214 S.W.2d 451. 453 (Tex. 1948). for the proposition that a co!zmissionera

courthas on:Lythat authoritywhich is conferredupon it either explicitlyor by necessary implicationby the state.constitution and statutes,we conclude that the commissionerscourt of Sutton County does not have authority to set the officehours of the county auditor. SUMMARY

The comissicners court of Sutton County does not have the authority to set the officehours of the office of comty auditor.
Very rulyyours 

# s/k

A 3 I-M MATTOX AttorneyGeneral of Texas

p. 2009Ronorable David W. Wallace - Page 3 (JM-440)

JACK HIGHTOWER First Assistant Attorney General
MARY KELLER ExecutiveAssistant Attoruey General ROBERT GRAY SpecialAssistantAttorney General RICK GILPIN Chairman,Opinion Committee Preparedby JimMoellinger AssistantAttorney General

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