Honorable L, A, Woods 

State Superintendent of Fublio instruction 

Austin, Texas 

Dear Mr. 'Kcods: Opinion Xc, 0-55!7 

R0: Employment hnd supervision of 

emp!oyoes who keep the records of 

the State BoaPd of Edumtion. 

Your recent request of this department for 8r1 opinion regarding 

the above subjects reads as follows: 

"In a recent opinion you held that ,the State Doard of &dumtion 

and the State 9oard for Vocational +Jducwtloo are one and the same* 

and that the duty of distributing Fedarrj! subs,idins for vocationa? 

subjects is an additional responsi.bi1ity ,tc be ciemed by the Statr. 

Board of Education, arid that the State Supar<nter,den~t, who 1s EX 

Officio Secretary of the State Board of Educwtion is also Ex Off'lc;~o 

Secretary of the State Board for Voo~t;onel Edwation. 

"Article 2662 of the Revised Civil Statutes states that "The Stwsn 

Superintendent shall fi1.e SIX reports, doomants and papers ,transa,ittad 

to him and the State Ecard by cowty OF city mhoo:! offioers, and fcm 

all other sources pertaining to putlio stihhoo'ls, awd keep B comp:~eta 

index of the same," 

'"Article 2666 of the Revised Civil Wxtutes, which prescrtbes the 

duties of the State Superintendent, provides, in pert, that *Fe shall 

exa&ne and approve all accounts against the school funds that are ,tc 

be paid by the State Treasurer, and upon such epproval,'the Comptroller 

shall be authorized ,to draw his vjarrar!t. He may employ suoh clerks to 

perform the duties of his office 8s may be authorized by appropriPtions 

therefor,' 

"The Stat+ Superintendent has considered it his fun&ion to keep 

a record of the business which the Board has transacted, both financi*l and otherwise, Is it no,t B fact that the State Superintendent is 

authorized, under the provisions of Article 2662, ,to keep all records - 

of the State Board of Education? 

"Article 2656, referrod to above, specifically states that the 

State Superintendent may employ suah clerks to perform the duties of 

his office as may be authorized by approprietion ~therefor. Sircet the 
Honorable L, A, Woods - page 2 

State Superintendent is responsible for all records dealing with the 

Stats Board of &due&ion, and the records, both financia:i and otherwise s are kept by persons for whom the Legislature ~RS appropriated 

salaries, is it not a fact that the auditors, secretepies and other 

persons responsible for keeping these records, ,whose posi,tions are 

listed in the appropriation for the State Department of Eduaation, are 

to be considered employees of the State Superintendent of Puhlio Instruction and subject to his supemisions?" 

Article 2662, R. C. S. is correctly quoted in your letter, except that a comma precedes the clause, 'pertaining to public school,'" 

It is clear, therefore, that said Article only requ!res the State 

Superintendent to file and keep a complete index of a:l:I reports, documents and papers covered thereby and which pertain to public schools. -- 

Said Article was passed by our Legislhture in 1905,<:nd has never been 

changed, Reports, dooments and papers pertaining to vocetional education and rehabilitation do not pertain to pub:ldc schools, and are 

not covered by said Article, Tf we should be mistsken in this conclusion, said Article has been superseded insofsr as reports,, documents and papers pertaining to vocational education and rehabilitation 

pro concerned. The passage of our vocational eduoetion and rehabilitation statutes was effected many years nfter 1905, %ey therefore 

supersede all previous statutes in confliot therewith. For en extended discussion of said statutes, see our former Opinior! No, 0-571fi, 

Article 2656, R. C. So 0 nas also covered by said former Opinion 

No, O-5716, as ~611~ a8 by our former. Confertwice Opinion No. 2905. As 

heretofore stated in Opinion No.. O-6716, "i-t wes pointed out In Conference Opinion NO~ 2905 **** ,thet this Article (2656) authorized the 

State Superintendent to appoint olerks where there are approprfa,Uons 

made for that purpose and where such eletiks we to perform the duties - I~- 

of his office, 

-- 

'"It was further held therein that said Article (2656) was inspplicable to employees engaged in the vocational eduaational divisions 

and ,that such employees are not clerks of the State Supwintendend, 

As was therein observed, the employment of personnel, under the ststu,tes and state-federal plans relative to vocational eduoation, is by 

specific legislative recognition the finc'tion of the State Board for 

Vocational Education," 

In our former Opinion STOP O-5828, which dealt with the creation 

of the original Eoard of Education and the creation of the present 

State board of Education, their powers and duties, 'we pointed out 

thate 

" *here certain duties are conferred by the Legislature upon 5 

designated officer, the Legislature is the only authority .whereby said 

duties may be withdram or conferred upon others, By "certain duties' 

is meant, of course, those duties whioh the i~egislature has power to 

confer," 
Honorable L. A. Woods - page 3 O-5917 

Therefore, when the Legislature designated the Stats Board cf 

Education as the State Board of Vocational Education, and .impossd 

upon it the added duties of promoting vocational education and rehabilitation in Texas, said Board was empowered to employ and supervise 

the necessary personnel for their accomplishment. I?c such power pws 

given the State Superintendent of Public Instruction, and ncne can be 

implied frcm the present provisions of cur statutes, 

The Stats Superintendent is the statutory exofficio Secretary of 

said Board. Article 2675b-3, V. A. C. S. Since his duties as such are 

not enwwwted in said Article, he should perform such duties as are 

ordinarily performed by a secretary. Keeping a complete record of the 

Board's proceedings is certainly one of his duties. This is commonly 

referred to as keeping the minutes of said Board. By "minutes" is 

meant "The official record made of the transactions or proceedings at 

a meeting or an organized body, as of the stockholders or directors of 

a corporation." Webster's &w International Dictionary, Second Edi.,ticn. 

"A 'Secretary' is an official scribe; an amanuensis or,writer; a 

person employed to write orders, records and the like, The term is 

practically synonymous with 'clerk'." Griffin va Town of Corydon, Ky. 

44 sew’. 629. 

"Secretary" is also defined as "An official scribe, amanuensis, 

or writer: a person employed to write letters, despatohes, orders, 

public or private papers, records, and the like." This last definition is from 66 C. J. 1269, and is quoted in the Texas Civil Appeals 

cass of Mauritz v. Schwind, 101 S. W'. (2) 1085, 1090, 

The foregoing statements and definitions era sufficient in soape 

to ccver the duties which are ordinarily performed by a secretary, 

It should be noted that the duties set forth in Articles 2662 and 

2656, V, A. C, S., are duties imposed upon the State Superintendent 

as such, and not as ex-officio secretary of the board, 

In view of the foregoing, cur answers to both questions submitted 

are in the negative. 

Very truly yours 

ATTOR&m GENERAL OF T?XAS 

By s/L. A, Flewellen 

LHF-&~-WC ,Assistant 

APPROVED APRIL 6, 1944 ./Get. P. Blackburn ATTORNEY GENERAL OF TEXAS 

APPROVED OPINION COMMITTEE By BWB CHAImN