, .



# The Attorney General of Texas

December 28, 1978 JOHN L.HILL Attorney General
Honorable Oscar H.Mauzy State Senatorial District 23 Texas State Senate Austin, Texas Opinion No.H- 1313 Re: Authority of a school district to assist teachers called before a hearing committee of the Professional Practices Commission. Dear Senator Mauzy: You have requested our opinion regarding the authority of a school district to assist teachers called before a Hearing Committee of the Professional Practices Commission. The Commission isaboard composed of 15 members appointed by the Governor and “selected from the several professional groups.” Sections 13.203, 13.205, Texas Education Code. The Commission isauthorized, inter alia, to receive complaints against teachers, administrators and other professionals for alleged violation of the ‘code of ethics and standard practices”; to hold hearings thereon; and to present its recommendations to the Commissioner of Education, who makes the determination. Youfirst ask whether a school district isrequired to deduct paid leave for an employee called asawitness before the Commission. Article 5, section 2d of the 1977-79 General Appropriations Act provides, inpertinent part:

None of the moneys appropriated under this Act shall be used for the payment of salaries to any employee who accepts witness fees incontravention of the following provisions: Any state official or employee called to appear in his official capacity in any judicial action or legislative investigation shall neither accept nor receive any witness fees for such agovernmental appearance;

p. 5167Honorable Oscar H.Mauxy - Page 2 (R-1313)

Rut if the appearance as a witness is not in an official capacity but isto testify from personal knowledge concerning matters related to the inquiry, then such employee or official shall beentitled to any customary witness fees; And any state employee or official appearing as an expert witness shall be entitled to accept compensation for his appearance only when such appearance shall be made on his own time;

.... General Appropriations Act, Acts 1975,65th Leg., ch. 872, art. V, S2d, at 3142. These provisions clearly imply that an employee whodoes not accept awitness fee may be paid his regular salary during his appearance before acommittee of the Commission, and that even an employee whoaccepts awitness fee may bepaid his regular salary solong as his
“appearance as a witness is not in an official capacity but is to testify from personal knowledge concerning matters related to the inquiry.” Even though this provision of the Appropriations Act may not apply to teachers, webelieve it expresses the public policy determined by the Legislature, and accordingly a school district wouldbe able to act in a manner which isconsistent with this policy. Thus, within the limitations described, wedo not believe that a school district isrequired to deduct paid leave for an employee called before the Commission or its subordinate body. You also ask whether a school district may pay the attorney’s fees before the Commission for an employee against whom a complaint isbrought. In Attorney General Opinion H-887 (19761,we held that a city council may pay the attorney’s fees for an officer or employee who is sued in his individual capacity, provided it believes that the city’s legitimate interests - and not merely the personal interests ofthe employee - are at stake inthe action. Thepropriety ofsuch expenditure ofpublic funds depends upon the governing body’s good faith belief that vital public interests are at issue. Attorney General Opinions H-544 (1975);H-70 (1973);Letter Advisory No.24(1973). Since you have not presented us with a particular factual situation, we are unable to answer more specifically. Your final question is whether a school district may unilaterally release personnel files of either party to either attorney in a hearing before the Commission. A school district is not a party to such a hearing, and we are not aware of any specific statute requiring the district to furnish information tothe parties. TheOpen Records Act, article 6252-17a, V.T.C.S., does not generally prohibit the release of government records. Open Records Decision No. 177(1977). Any document should be reviewed to determine if it would fall within the exception set out insection 3(a)(l)of the Act. Ifit does fall within that exception it should not be released. Without having an opportunity to examine the specific material wecannot say whether it falls within the exception.

P. 5168Honorable Oscar H.Mauzy - Page 3 (H-1313)

SUMMARY
Within certain limitations, a school district is not required to deduct paid leave for an employee called before a hearing committee of the Professional Practices Commission. Whether a school district may pay the attorney’s fees before the commission for an employee against whom acomplaint isfiled depends upon whether the board of trustees believes in good faith that the district’s legitimate interests are at stake.

Attorney General ofTexas

Opinion Committee

p. 5169