DAN MORALES

.ATTORNEY GENERAL 

## QBffice

oftfie2Utornep @eneral &ate of Ill;exa$
July 29,1996

Honorable Bobert Hill Trapp Criminal District Attorney San Jacinto County P.O. Box 430 Coldspring. Tacas 77331 Opinion No. DM-405

Re: whetherawuntysalatyglievance wmmittee may consider an aggrieved elected county officer% complaint after the start ofthe county’s &al year (RQ-826)

Dear Mr. Trapp:

You explsin that the San Jacinto County Commissioners Court, on Decemba21.1994. approved a srdary increase of $1,000 for the 1995 &al year for elected county officials. The 1995 fiscal year began on January 1. 1995. The commissioners court tmanimoudy approved the 1995budget on January 9,1995.

Your office determined that the commissioners court had not no&d the public of the proposed increase in salaries of elected county officers in accordance with section 152.013(b) ofthe Local Govermnent Code. You therefore advised the county judge that,
as you state, “the S1.000 salary increase for elected officials was invalid and that the elected officials could only be paid at the ssJary figure set for the previous fiscal year.“t Your office further advised the countyjudge that elected county 05cials, now denied the proposed salary increase, may, pursmmt to section 152.016 of the Local Govemment Code, request ahearing before the salary grievance committee.

You indicate that thirteen of eighteen elected county 05cers in fact availed themselves of the grievance procedure provided in section 152.016 of the Local Govemment Code. OnMarch 20,1995. the tU nine-member salary grievance committee unanimously voted to grant the $1,000 salmy increase to the aggrieved elected officials, effective at the earliest date allowable by law. See Local Gov’t Code § 152.016(c). You ask whether the recommended salary increase may take effect prior to the commencement ofthel996tiscalyear,onJanuary1,1996.

Your question assumes the salary grievance committee properly met after the wmmencement of the new tlscrd year. We do not believe, however, that the process outlined inthe Local Oovemment Code authorizes the salary grievance committee to

## meetHonorable Robert Hill Trapp - Page 2 (DM-405)

after the wmmencement of the fiscal year. We conclude, therefore, that the salary &VMW committee’s actions arevoid. We willbegin our analysis bybriefly summarizing the wunty budget process. Chapter 111, subchapter A of the Local Government Code provides the only method available for budget preparation in a county with a population less than 225,000 people.2 Compare Local Gov’t Code $ 111.001 (providing budget preparation method for county with population of 225,000 or less) wifh id.4 111.061 (providing alternative budget preparation method for county with population higher than 125,000). During the seventh month of each fiscal year, section I1 1.003 requires the county judge, with the assistance of the county auditor or county clerk, to prepare a budget covering “all proposed expenditures of the county government for the succeeding fiscal year.” The budget also must estimate revenues the wunty expects to receive in the succeedmg year. Id.$ 111.004(b), (c).

When the county judge has prepared the proposed budget, he or she must file a wpy ofit with the wunty clerk, who will make the wpy available for inspection “by any taxpayer.” Id.5 111.006. After the i%enth day ofthe “month next following the month in which the budget was prepared,” but before the county wmmissioners court levies taxes, the wmmissioners court must hold a public hearing on the proposed budget. Id. 5 111.007(b). “At the conclusion ofthe public hearing, the wmmissioners wurt shall take action on the proposed budget.” Id.$ 111.008(a).

When the wmmissioners court has finally approved the budget, it must file the approved budget with the wunty clerk. Id.5 111.009. Once the budget is approved, the wmmissioners wurt may levy taxes and expend county funds only in accordance with the budget, except “in a case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention.” Id.$111.010. The county wmmissioners wurt may, however, amend the budget “for county purposes.” Id.8111.Ol1,

Placed within this framework for the county’s genera) budgeting process is a more specific procedure by which a county commissioners court sets the amount of compensation, expenses, and allowances each county officer and employee wholly paid from county timds will receive during the following fiscal year. Section 152.013 of the Local Government Code applies specifically to the salaries, expenses, and other allowances budgeted for elected county orprecinct officers:

(a) Each year the wmmissioners wutt shall set the salary, expenses, and other allowances ofelected wunty orprecinct officers.

%n JacintoCounty,

thecountyaboutwhichyouask,hasapopulation ofspprcximateb16,372 people. SeeBumauofthe Census,U.S.Dep’tof Cbmma, 1990Censusofpopllation: General Characteristica:

Texas3(1992).Honorable Robert Hill Trapp - Page 3 (DM-405)

The commissioners wurt shah set the items at a regular meeting of the court during the regular budget hearing and adoption proceedmgs.

. (c) Before filing the annual budget with the county clerk, the wmmissioners court shall give written notice to each elected county and precinct officer of the officer’s salary and personal expenses to be included inthe budget. Any elected county orprecinct officer who isdissatisfied with the amount of salary
or personal expenses the wunty wmmissioners court proposes to pay the 05cer during the succeeding fiscal year may seek redress through the county’s salary grievance wmmittee, which is composed either of a mixture of public servants and private citizens
or wholly ofprivate citizens. See id.$152.014(a).Section 152.016 provides asfollows:

(a) An elected wunty or precinct officer who is aggrieved by the setting ofthe officer’s salary or personal expenses may request a hearing before the salary grievance wmmittee. The request must: (1) be inwriting; (2) be delivered to the committee chairman within five days after the date the officer receives notice ofthe salary or personal expenses; and (3) state the desired change in salary orpersona) expenses. (b) The wmmittee shall hold a public hearing within 10 days after the date the request isreceived. (c) lf, after the hearing, sii or more of the members vote to recommend an increase in the officer’s salary or personal expenses, the wmmittee shah submit its recommendation to the wmmissioners court in writing. If six to eight members vote to recommend the increase, the commissioners court shall consider the rewmmendation at its next meeting. Ifnine members vote to recommend the incresse and sign the recommendation, the wmmissioners court shall include the increase in the budget before the budget is filed and the increase takes effect inthe next budget year. (d) The committee’s authority is limited to the consideration of increases in the salaries or persona) expenses of county and precinct officers. The committee may not set policy ofthe county or add new items to aproposed county budget.
When pieced together, chapters 111, subchapter A and 152, subchapter B of the Local Government Code provide the chronology of a county’s budgeting process. WeHonorable Robert Hill Trapp - Page 4 (DM-405)

will summarize the chronology of events pertinent to the issue you raise. Fit, once the wmmitioners court has received the proposed budget from the county judge, the commissioners court sets the salary, expenses, and other allowances of elected county officers “at aregular meeting ofthe court during the regular budget hearing and adoption proceedings.” Id.3152.013(a).
Second, after the commissioners court has adopted the budget, but before filing it with the county clerk, the commissioners wurt notifies each elected county officer in writing of the salary and personal expenses the officer is budgeted to receive in the succeeding fiscal year. Id. 9 152.013(c); see also id. 5 111.009 (requiring county commissioners wurt to file approved budget with county clerk). Third, within five days ofreceiving notice, an aggrieved county officer must deliver to the salary committee chair
a request for a hearing before the salary grievance committee. Id.$152.016(a).Fourth, the salary grievance committee, within ten days of receiving the request for a hearing, must conduct apublic hearing. Id.3 152.016(b).
If, asinthe situation about which you inquire? the vote to recommend an increase in the officer’s salary isunanimous, the wmmissioners wurt must include the rewmmendation in the succeeding year’s budget “before the budget is filed.” Id.;seeuhoid. $111.009 (requiring county commissioners wurt to file approved budget with county clerk). Ifthe grievance committee’s vote isunanimous, the increase in salary or personal expenses “takes effect inthe next budget year.“’ Id.5152.016(c).
Thus, a county’s

salary grievance

committee

may operate only in abrief, specified window oftime, after the county wmmissioners court adopts abudget for the succeeding fiscal year and prior to the time the county commissioners wurt filesthe linal budget with the county clerk. The statutes do not contemplate that a grievance committee will operate at any time other than during the county’s regular budget process. According to the information you provided, however, the salary grievance committee in SanJacinto County heard a grievance after the beginning of the county’s fiscal year. The wmmittee was unauthorized to consider a grievance at that time. Its unanimous vote to increase San Jacinto elected county officers’ salaries by $1,000 is void. See Attorney General Opinion JM-27 (1983) at 2;Letter OpinionNo. 95-18 (1995) at 2.

%ccanscyou sitnationdid not im’olwa recommendation approvedby six to eight salary grievance committee memhm, we wed not comidcr whether sucha temmmudstion, uponatimble vocebytheannmissionmcourt,mustkincludedinthebudgetwhenitisfil~totakceffsclinthe .mwecding

hlldget year. 41ndccd, previous opinionsofthisofficehaveconcluded thatacommissioners

courtmaymodi@ anekctcdcoontyofkial’s caky onlyduringtheregularbud@ hearing. See,e.g.,AttomeyGeneral OpioionsJM-839

(1988) at 6, H-643 (1975) at 2 (cmmtming statutorypdeceswr to Local Goxmmaxt Codesection152.013),

H-lI(1973)

at3(came).Honorable Robert Hill Trapp - Page 5 (DM-405)

This result differs from our interpretation of the statutory predecessor to section 152.016 ofthe Lucal Government Code, V.T.C.S. article 391215section 2(d), in Attorney General Opinion MW-516 (1982). In 1982V.T.C.S. article 3912k, section 2(d), provided that “[a] written recommendation signed by all nine committee members and delivered to the commissioners court becomes effective on the first day ofthe month following its delivery to the commissioners court.” See Act ofMay 29, 1983,6&h Leg., RS., ch. 336, 5 1, 1983 Tex. Gen. Laws 1741, 1742 (proposing amendment to article 391235 section 2(d)). Furthermore, no statute required the salary grievance committee to work in a specified period oftime during the regular county budget process. Attorney General Opinion MW-5 16 considered a situation in which the commissioners court failed to give proper notice ofa budget that proposed to increase the salaries of elected county officers, effective at the star of the next fiscal year, January 1, 1982. See Attorney General Opinion W-516 (1982) at 1-2. The district attorney advised the commissioners court that it bad not complied with the law and that the salary increases were, therefore, invalid. Id. Allelected wunty officials appealed to the salary grievance committee, which awarded increased salaries for the year, effective March 1, 1981. Id. Thus, the officers apparently began receiving the recommended increases inthe middle ofthe county’s fiscalyear. See id.

In 1983 the legislature amended V.T.C.S. article 391215providing, among other things, a requirement that the commissioners court “prior to filing

. the annual budget with the clerk of the county court” notify each elected county officer of his or her salary and personal expenses to be included in the succeeding year’s budget. See Act of May29, 1983, 68th Leg., R.S., ch. 336, 5 1, 1983 Tex. Gen. Laws 1741, 1742. Additionally, the legislature established the time line now found in section 152.016 of the Local Government Code: within five days ofreceiving notice of the budgeted salary and personal expenses, an aggrieved elected county officer must request a hearing before the salary grievance commhtee; within ten days after receiving the request for hearing, the salary grievance committee must conduct the hearing. See id. Thelegislature also added the language setting the effective date of arecommendation signed by nine members ofthe salary grievance committee and providing that such a recommendation becomes effective

“inthe next budget year.” See id.31,at 1743.
Testimony before the House Committee on County A!%irs indicated that, by chmging the effective date of a recommendation of nine memh ofthe salary grievance committee, the proposed amendment would improve the timing, relative to tbe county budgeting process, for implementing the recommendation. See Hearings on H.B. 804, 68th Leg. (Apr. 20, 1983) (testimony of Janet Coplin, representing Dallas County Commissioners Court) (tape available from House Video/Audio Services Oflice) (stating that amendment regarding time salary grievance committee could meet would coincide better with commissioners court’s budget scheduling). witnesses understood tbe proposed amendment to require an elected county officer who wished to 6le a grievane to do sobefore the county commissioners court finalizes itsbudget for the upcoming fiscalHonorable Robert Hill Trapp - Page 6 (DM-405)

year. 

### Id.

(testimony ofC.C. Smith, Van Zandt County Commissioner); see id.(testimony ofJanet Cophn, representing Dallas County Commissioners Court).

In our opinion, the legislature amended the statutory predecessor to section 152.016(c) of the Local Govemment Code in 1983 to preclude a result such as that described in Attorney General Opiion MW-5 16,inwhich a county isfaced with increased expenses in the middle of the budget year. See aLw Hearings on H.B. 804 Before the County Atfairs Committee, 68th Leg. (Apr. 20, 1983) (testimony of Sam Hilhard, Van Zandt County Judge) (tape available from House Video/Audio Services Office) (stating that, under current system, it is “very ditlicult to operate and keep a balanced budget” because salary grievance commission may change budget at any point during year).

To the extent Attorney General Opinion MW-516 isinconsistent with this opinion, it has been overruled by the 1983 amendments to V.T.C.S. article 391235wdiied in part asLocal Government Code sections 152.013 and 152.016.Honorable Robert Hill Trapp - Page 7 (DM-405)

SUMMARY

Under section 152.016 of the Local Government Code, an aggrieved elected wunty officer may request a hearing before the county’s salary grievance committee within five days of receiving notice f?om the wunty commissioners court of the officer’s salary and personal expenses for the upcoming budget year. The salary grievance committee must meet to consider the grievance within ten days atler receiving the request for a hearing. A salary grievance committee may not meet a&r the county has filed with the county clerk the final budget for the succeeding fiscal year. The salary grievance committee certainly may not meet atIer the start of the fiscal year. Any actions taken by a salary grievance committee at an unauthorized meeting arevoid.

To the extent Attorney’ General Opinion MW-516 (1982) is inconsistent with this opinion, it has been overruled by the 1983 amendments to V.T.C.S. article 3912k, codified in part as Local Government Code sections 152.013 and 152.016.

DAN MORALES Attorney General ofTexas

JORGE VEGA Fii Assistsnt Attorney General

SARAH J. SHIRLEY Chair, Opinion Committee
Prepared by Kymberly K. Oltrogge Assistant Attorney General