Hon. Thomas.A. Wheat

County Attorney Liberty County Liberty, Texas Dear sir: opinion No. o-1874 Re: Cana clerk be hired by the county attorney of Liberty County? Is the office helper described a clerk?

This will aclmowledge receipt ‘of your letter of January 19, 1940, wherein you request the opinion of this department on the above stated questions.

Your letter reads, in part, as follows:

“Liberty County Is a County having less than 25,000 inhabitants according to the last Federal census, however, it, operates on a salary basis and pays its officers upon a salary basis. TheCouuty Attorney of this County needs a clerk or secretary, for the reason that there are numerous aleriaal duties to be performed, such as keeping the minutes ‘of said office’; andthe records and proceedings of the Justice end,County Courts and of keeping the reaords andproceedings of the County Attorney’s Office, and of the GrandJury, when in session, draw complaints for both County andJustice Courts, end keeping a record of the County Court Criminal cases, to keep ‘a file on criminal minutes andboth civil matters concerning the County in which the Couutg Attorney maybe involved,.to write letters, dispatches ords an

Aorders, public andprivate papers, recthe like of the County, to take confessions andnumerous other~duties of a like nature. As:such of a hei the County Attorney actually has need

per whomaybe termed a clerk or secretary to perform’the above-mentioned duties.

“The question arises as to whether or not the County Attorney is entitled to have one employed under the authorization of the County Commissioners’ Court under Article 3902 ***I’ Article 3902, Vernon’s Civil ¬ated Statutes, read, in part, as follows:Hon. ThomasA. Wheat, page 2 (O-1874)

‘Whenever any district, county or precinct officer shall require the services of deputies, assistants or clerks in the performance of his duties he shall apply to the County Commissioners’ Court of his county for authority to appoint such deputies, assistants or clerks ing by sworn application the numberneede& statthe position to be filled andthe amountto be paid. Said application shall be accompanied by a statement showing the probable receipts ~fromfees, commissions and compensation to becollected by said office during the fiscal year andthe probable disbursements which ,shall include all salaries andexpenses of said office; and said court shall makeits 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 numberto be appointed as in the discretion of said aourt maybe proper; provided that iu no case shall the Commissioners1 Court or any,memberthereof attempt to influence the appointment of,,any person ,as deputy, assistant or clerk in any office,. Uponthe entry of such order the off icer~s applying for such assistants, ~~deputies or clerks shall be authorized to appoint them; provided that said compensation shall not exceed the ~ximum amounthereinafter set out. The compensation which maybe allowed to the deputi,es, assistants or clerks above namedfor their services shall be a reasonable one,~not to excee$ the following amounts:

“1. In counties’ having a population of twentyfive thousand (25 000) assistant or chleh or less inhabitants, first deputy not to exceed Eighteen Hundred ($18OO,OC).Dollars per -urn; other assistants, deputies or clerks not to exceed Fifteen Huudred ($l!?OCiOO) Dollars Peruannumeach.” Webster’s knewInternational Dictionary defines the word, “clerk” as follows:

“One employed to keep~records or accounts, or to have charge of correspondence, or the like; a scribe ; court; an accountant; as) the clerk of the

a townclerk;~ a bank clerk. Clerk is an indefinite term of wide application and mayinclude employees’clothed with author&y to act in various weighty autters for their employers,Hon. ThomasAaWheat, page 3 (o-1874)

such as a teller of a bank or the secretary of a corporation.n Bouvier's LawDictionary defines the word 1'clerk8t as- "A person employed in au office, public or private, for keeping records or accounts. His business is to write or register, in proper form, the transaction of the tribunal or body to which he belongs, Someclerks, however, have little or nowriting to do iu their office andthe clerk of the market whose duties are confined chiefly to superihten ing the mrket. This is a common

4 use of the word at the present day, and is a very ancient signification, being derived probably from the office of the clerics whoattended, among other duties, to the provisioning the King's household. "A person serving a practicing solicitor under binding articles in England, for the purpose,of being admitted to practice as a solicitor. "In New

### egma used to designate a corporation offdcial whoperforms some of the duties of the secretary." You are respectfully advised that it is the opinion of this department that when a county attorney complies with the terms of Article 3902, supra, a clerk maybe appointed for the county attorney.

In answer to your second question you are advised that it is wholly within the discretion of the commissioners* court to determine whether or not the duties to be performed by the person employed constitute the duties of a clerk.

Trusting that the foregoing fully answers your quiry, weremain Yours very truly ATTGRNEY

GENERAL

OF - , __ __.--. TEXAS By/s/ Ardell Williams Ardell Williams. AssistantIllAPPROVED

JAN27. 1940 /s/ Gerald C. i6u.u~ ATTORNEY

GERERAL

OFTEXAS AWrobrwb .