OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN

HonorableT. M. Trimble,First Assistant Stats Superintendent of Publla Inatruotlo Austin, Texas

Dear slrr

Vi8

hare.reoel in whloh you enclose thr County Suporlntemdeuzt or
on.8 lottu Of Ootobor

Odtober l3,194l, as

stlon Is, may we pay $1,200.00 ant fram the CouatyAdmlnistraooordanoe

with H. B. 3tr, **or** Ghapter Legislature (provided we pay no

**es** iron this fund) and may the kmmlsoart pay her $180.00 in aooordanoe with 8, Aots &lst Legislature, Regular Sem4on without violatingeither law?'

2. "Pleaas su plement that letter (abovequoted letter)by the foI.! . owing statementand s6.advlaethe attorneygeneral.
YI!hat the part or the salary for the aeeletante mentioned in my letter paid in aeoordanoo with Chapter 148, 1s to be paid dlT@Ot by the Oolmoi~alaae~a'

rENrRAl OR ,IRSTHonorableTI hf. Trimbls, First Asalstant,page 2

Court rather than through this offloe. For example,the aohools~111 pay Erln Blbbf #1,2CO.O0tar 104 months and the C~ssloners* Courtwill pay her in aqoordanoawith,the laws above, $180.00 for l~mont,hs.W
That part or ~ouss Bill 364, hots 1941, 47th

. Lsglalature,

$R.S. (Artiols 2700-1,Vernon's&UIQtatsd Civil %;ig.), whlsh is pertinentto your lnqulry~lsquoted as

)I .Ths oompsnsatlon herein provided ror shall is'pald monthly upon the order ot the County Sohool Trustees;provided that the salary ior the month of September shall not be paid until the County Supsrlntsndent prsasnt.6

a reoeipt from the State Su3srlntsndsnt showing that he has made all reports rsqulred or him. The County Supsrlntsndsnt with the approval and the OonilllMtlon ot the hUnty Board Or Bdusationmay SIllplOy a OOm~et6nt assistantto the.

County Supsrlntsndsnt~at a salary
not to sxosed Two Thousand Dollar8 (#2,000.00) and may alro amploy sush other a8slstantsas nsosssary provldsdthe ar sgate amount of the salaries of suoh other ass &ants shall not sxosed !Ihlrs Hundred Dollars ($1200)annually;and the County Board or Bdttoatlon may make furtherprovfslons an it dssms nsosssary ror orrlos and trarsllng sxpsnsssor the County Supsrlntendsnt; prorldsd that expenditures

ror oftlos and traveling sxpenses or the county Superintendent shall not be lesa than Three Hundred Dollars ( more than Eight Hundred DoUars.( 0300) and not ' 800) per annum, suoh expsnss shall first be proven by atfldavlt therefor,and said Board Is hereby authorizedto fix the salary or suoh aselstantsand pay same out or the name tunds rmm whloh the-salaryand sxpensesof the County Superlntsndsnt are pald.W
Section 2 or Senate Bill 268, Chapter 148, Aots l,lst Leg. R. 3. provides a8 follows:
visa. 2. In making the annual per Oapita apportionment

to the sshools ot the Counties having a population of not 18s~ thka 100,000&Q~tarabls T. II. T&able, First Assistant,page 3

and not aore than 150,000 the Cotity Sohool TrUst~er.&&ll also make and annual allouanos out of-the state and aoucty AvailableFuade for the,paymentof the sala?y or the Supsrlntwdent of mbllo Instruction not leas than $2,&00.00nor more than 43,ROO.COard the oommiasioner8.*

Oourts or tiie~ couutie~ having
a papulablonor .notloss than 100,000 aor more thaii

150,000may expend out di ths general fund of said oountlss any auma not sxoesdlng the sum or $1200 per &mum to defray the sxpense8 iar?urrsd by said County Superintendent ,wh$QhYsal&-svor any part thereof shall be paid by s&id ComPstsslonsre upon certirioete or aald Supsrintandent

that the expsnssshave been lnsurred 1% the dlsoharee of his duties as suoh ~~Super1nt.8gd~n0."
Wthoot pawing upqn the ralldlty or ssnate Bi:l 268, ws desm it suiiiol+uab -say that it la not ap llrabls to the matters about whloh ~~JZIn@re. Sehnate Bill 2 B8 .dsals only rlth the salary and '~x&&&xvI of ,theoounty supsrlntendsnt, uhlls you ask about the salaries of ths first a&id ssoond asslstanti to the county s,uperlntandsnf whloh ars fix+ by iioUss Bill 364.

On Septembsr10, 19&l, this dsparibnt.rsndered OplnlonNo. O-3345 to Honorable ?&neat G&Inn, County Attorney ot El Faso County,whlah we quote in part 'asfo~lowsr

*We oonour wlth your opinion that Howe Bill No. 361,

plaoos au absolute llmltation upon the amount that may be paid r0r salul.ss
or aseletanZ8. The Aot p3.alnl.y provides that onb asslatantto the oounty superintendent may be paid an annual salarynot to sxsesd Two Thousand Dollars ($G?OOO).The Aot alao plainly providesthat aush other assistantsas neoeosary may be mploysd, but that the a~sgats araowt Or the salarlssof euoh other assistantsskall not exceed the total sum of Tuelre Huadred Dollars ($1200)aMUtily. It follows that the ilr8t assistantmay be paid not to SXOSQd 93~0 Thousand ~0111~s ($2,000)per annum as salary, snd that not mope than Twslvc Hundred Dolm8 (gl2O.O) ln the aggregatemay be sxpsndsd ioF the annul

.HonorableT. M. Trlmble, First Assistant,page 4

. salariesfor suoh additional asslstsn:;s as may be requiredand authorized.*

It follows that both your first and eeoond questions are answerM in the negative.

You will notide Srom that part oi House Bill 364 whish wa have quotad that the oompenaation provided therein ahall ba paid monthly. ‘K'e am, themerore, of the opinion that tha monthly paymant should be ens-twaltth (l/12)or the annual salary spsoifiedtherein, and that a payment in exooas of suoh amountwould be unauthorized.

We now qpota.rromMr. Hinton's aeoond letter 0r Ootoby 13, 19JJ..

as rollowsr Today the County Board amployedXisa Dorothy Soalfe aI)

elementaryaupervlaorin this county ln aooordanoe with H. B. 364. They em- ,pluged her for 7 monthr~bsglnnlng Novsmber 1st for.7 months at a salary ot 7/9 or $2,000.00 to bo paid monthly. That; fs, she was employed for 7 months to rsoeiva $222.22 per month. Mlea Soalremust l

ttsnd summer sahool next summsr and tharaforsIs not &igible to work full t&no during the summermonths; Plaasr ssoure from the Attorney General and wire ii we may employ Elss Soaife ror 7 months at 7/90t $2.000.00 In aooordanoe with the above faots and In aooordanoewdth B. B. 364.

-If the Attorney Cansral advises that‘we can not amplopMiss Soalfe as above mentioned, please ask him 

### for an opinion es to whether they may employher ror 10 months beginningNovember 1st and pay her lo/12 of $2000.OC,same to be paid monthly but at the same time have it understood with Xlss Sealte that she may attend sohocl for 12 weeks during the summer ot 1942."
Section 2 of house Bill 364 provides as iollOWa:

WZJZ. 2 Tha dOunty Superlntandant Of Fublio Instruction

may, with the approval of the County Board of Eduoation,employ onoor mars aohool supervisorsto assist in planning, outlining,HonorableT. M. Trimble,FIret Assietant,page 5

and supervisingthe work oi the Public Free Sohools In the oountywhloh Is under the supervisionoi~.the County Superintendent of Publio Instruotlan,- Said supervisoror supervisorsehall at all times work under the supervisionand direction of the County Superintendent

of Fublio Instruction,as other assistantsare raqulred to do, and must have evidenceot prorloiencp in rural aahool supervlaionand must be the holder of at least a Baohelor of SoIenae Degree or higher. Suoh supervlcsor or supervisors

may reoeive a ELary of not to exoeed Twu Thetisand Dollars ($2,000)per annum, to be paid out of the sama3unds and in the 8am~ manner as that of the Sour&y Superintendent ot Publio Instruotlon and other assistants.*

. It Ia ,aaen that the salary of the supervisorIe to :~, be paid in the,

same manner afl

that of the oounty suparI.ntendant .A’~ ‘:,IzL and other aeslstants;in other words, it is to be payablemonth- ::, 1Y.

Xouse 8111 364 does not require that assistantsor superviaora

be employedror a opeoifioperiod or time. It merely provides for their empl@ymantand ‘fixe& their maximum oompeneatlon. We believe that‘it it Is determinedthat a supervisorIs needed for a period oi time less than a year, suoh supervisormay be employad for that period of time. But he Ia entitledto a monthly salary of no more than one-twelfth (l/12)or $2,000.00,and ho oannotbe employedand paid 

### for
a period of time longer than the time he will act ae eupervleor and perform suoh dutiesr aa suoh.

It la asked in Mr. HInton’s letterwhetihar the oountyboard may-

employ a euperviaorfor tau months,beginning November 1, 1941, and pay her lo/12 of $2000,with the understandingthat she may attend aohoc$ for 12 weeka during the summer or 19&2. We assume that ehw.‘would not act as supervisor during the time that ahe attended sohool.HonorableT. M. Trlmble,Flrat Assistant,pr?ge 6

The eighth,ninth, and tenth months oi the oontraot would be June, July, and August. The twelve weeks ot eumaer soho would includepart, ii not all, of June, all or July, end part of August, and during this tine she would not be acting a0 supervisor. It ie our opinion that under the statute ahe may not be paid for any of the time that she la not aoting as su$ervisor.

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