l%m A~~J~RNEP 

OFTEXAS 

GENERAL 

Honorable John C. White 

Commissioner of Agriculture 

Capitol Building 

Austin 11, Texas 

Opinion No. WW-1317 

Re: Whether an appointment to an 

unclassified seasonal position 

disqualifies such appointee 

for later appointment to a 

classified position at a rate 

of pay not to exceed the midpoint, provided he has "marked 

Dear Mr. White: ly superior qualifications.” 

We are in receipt of your: request for opinion on the 

above question. 

In regard to employees In your Department we quote from 

your letter as follows: 

“Several appl,lcants having ‘superior quallfications’ have been employed in seasonal positions. 

Some of these, after several months of duty In 

such positions, have been appointed to classified 

positions at salaries above the minimum because 

they not only have ‘superior qualifications’ but 

have demonstrated superior performance as well. 

We have considered these individuals ‘new employees’ 

insofar as classified positions are concerned. In 

connection with our March payroll the Comptrollers’ 

Office has questioned such appointments. 

“We respectfully request your opinion on the 

following question: 

“Does appointment to an unclassified seasonal 

position disqualify an applicant for later appointment to a classified position at a rate not to 

exceed the mid-point, proyided he has ‘markedly 

superior qualifications? ’ 

The Position Classification Act of 1961, codified as 

Article 6252-11 of Vernon's Civil Statutes states in part as 

follows: 
Honorable John C. White, Page 2 (W-1317) 

"Sec. 2. All regular, full-time salaried emoloyments within the departments and agencies of the State 

specified In Article III . . . of the biennial Appropriations Act shall conform with the Position Classification Plan hereinafter described and with the salary 

rates and provisions of the applicable Appropriations 

Act commencing with the effective date of this Act &$& 

the exceptions anti deferments hereafter wrovlded in 

this Section. 

II 

. . * 

"Specifically excepted from the Position Classification Plan hereinafter described are . . . hourly 

employees, Dart-time, and temporary emnlovees; . . .' 

IEmphasis added) 

The above language Indicates to us that seasonal employees would not be considered regular or full-time salaried employees, but would be part time or temporary employees, and as such 

were specifically excepted from the provisions of the Position 

Classification Act of 1961. 

Bill 

part 

Subdivision B of Section 1 of Article III of Senate 

1, Acts. 57th Leg., 1st C.S. 19 2 1, Ch. 62, p. 203 states In 

as follows at page 381: 

"B . Hiring policies. (1) New Employees. 

New employees will be started at the minimum salary 

of the range to which the position Is assigned; however, the department head is authorized to employ 

below the prescribed minimum during the periods of 

training not to exceed six (6) months. 

"(2) Application of Mid-Point. If the aoolicant has qualifications markedly superior to the 

minimum desired reaulrements of the position. the 

department head may set the salary of the position 

at not more than the mid-point of the assigned 

salary range. Notification of this action will be 

made to the Classification Officer. Consideration 

may be given to past experience of the employee in 

other state departments or agen$les in determinin 

the salary level of employment. (Emphasis added 7 

Since seasonal or temporary employees are not subject 

to the Position Classification Act of 1961, it follows from the 

above langiage that such employees are to be considered 'new 

employees, if appointed to a classified position, and, if they 

possess "markedly superior" qualifications, you may place their 
Honorable John C. White, Page 3 (WW-1317) 

salary at not more than the mid-point of their respective salary 

ranges. The Comptroller of Public Accounts Is authorized to 

issue warrants for their newly-designated salaries. Your question propounded to us is therefore answered negatively. 

SUMMARY 

Seasonal or temporary employees are not subject to 

the Position Classification Act of 1961, and therefore may be considered new employees if appointed 

to a classified position. Such employees may be 

placed at not more than the mid-point of their 

salary range If they posses markedly superior quallfications. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

By: Fred D. Ward 

AssZstant 

FDW:jkr 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Arthur Sandlin 

Joseph Trimble 

Elmer McVey 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Houghton Brownlee, Jr.