May 29, 1974

The Honorable W. L. Hardwick County Attorney County of Live Oak George West, Texas 78022 Opinion No. H- 314 Re: Increases in salaries of elected county officials under grievance procedure of Article 3912k. V. T. C. S. Dear Mr. Hardwick: Your opinion request advises us that two Justices of the Peace in Live Oak County requested ahearing before the Grievance Committee as authorized by Article 3912d $2(d). The hearing was to request increase in their salaries. The committee was not unanimous, but each Justice received at least 6votes to grant the increase they requested. Thereafter, the recommendation ofthe Grievance Committee was delivered tothe Commissioners Court andthe Court considered and granted their increase at its next meeting. You have asked us ineffect whether Attorney General Opinion No. H-11 &ted February 15, 1973, stating that any increase in salaries of elected county andprecinct officers must await budget hearings for the next fiscal year, applies to elected mmtyor precitzt officers who have complied with the procedures set out inArticle 39121.. s2 (b),(c), and (d), V.T. C. S. , pertaining tothe Grievance Committee. It is our opinion thatthe.grievance procedure established in 02 provides aprocedure for obtaining immediate raises for elected county andprecinct officials, without waiting for regular budget hearings. We arc advised that this is acommonly followed practice. This act estab- !ishas a coslr.:y grievance committee compoeed of nine members selected as set forth ?nsubsection(b) and (c) of 52. Sb.tbucxtion(d) of 52 establiwhos.the purpose and functions of this cornnitt\*e ad follows:

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The Honorable W.L. Hardwick page 2 (H-314) .I.

“(d) Any elected county or prrc,nct ufiicer ~1.0 is aggrieved bythe setting of his salary, expenses. or other allowance by the commissioners court may request a hearing before the committee. The request shall be inwriting, shall state the manner inwhich he is aggrieved, and shall be delivered to the chairman of the committee. The chairman shall announce the time and place ofthe hearing, which shall bewithin 30 days after receipt of the request. If, after ahearing, the committee by avote of six of its voting members decides to recommend a change in the salary, expenses, or other allowance of the person requesting the hearing, it shall prepare its recommendation inwriting and deliver it to the commissioners court, which shall consider the recommendation at its next meeting. A written recommendation signed by all nine members and delivered tothe commissioners court becomes effective without the action of the commissioners court onthe first day ofthe month following its delivery to the commissioners court. ‘* The question you have asked is if an elected county or precinct offic,ial follows the procedure of subsection(d), supra, ind ifthe Commissioners Court grants the recommended salary increase, c-anitthen amend the col;nty budget to implement the increase. Subsection (d) provides that if at least six members of the grInvance committee vote to recommend the increase it shall deliver its recommendation to the court inwriting andthat the court “shall consider the recommendation at irs next meeting. ” There is nothing inthe ilct that requires the court under these fact8 tofollow the committee’s recommendation. but if it grants the increase itwould then have the implied authority to amend the cbunty budget to implement its ‘dcclsion. Terrell v. Sparks, 135 S. W. 519(1911); Moon v. Alred, 277 S.W. 787 (Tex. Civ. App., 1925. err. diam. ); Attorney General Opinions V-657 (13~13). C-505 (1965). M-436 (1969) and H-11 (1973).

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The **Honorable** W. L. **Hardwick** page 3 **(H-314)**

Accordingly we hold thatwhen a **county** or precinct official follows the procedures ofArticle 3912k and thereby becomes entitled to an increase in salary. such increase becomes effective inaccordance with the provisions of that statute and does not need toawait the

### nextregularbudget hearing. SUMMARY

Elected county and precinct officers whofollow theprocedures of Article 391tk and thereby become entitled to salary increases may receive them, effactive inaccordance with the provisions ofthat statute, anddo notneed to await the budget hearings for the nextfiscal year. Very truly yours,

DAVID M. KENDALL, Chairman Opinion Committee

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