where their duties are not prescribed or regulatedby statute,they performa public service,sharing the~responsibility of officewith theirprincipal. Such offi- cers stand on a footingdifferentfrom mere countyemployees-- the servicesand employmentof the formerbeing authorizedby law, the latterbeing based upon contractwith the conmissioners COUI"L
"An examinationof the acts of the variouslegislaturesfor severalyears past disclosesthat the generalappropriation bill provisions,as affectingState mriployees,permit twelve (12) working day vacations,when agreed to betweenthe officialand Hon. J. D. Looney,page 3 (O-5388)
his enrployees.If it can be said that the State has adopted~apolicy of allowingpaid,vacations, a law which requiresa public officerto serve a year beforebeing allowedsuch vacationwould, in our opinion,contravene such declaredpolicy, deprivingthe governmentoftbetter and more efficientservice,which is the only principle upon which such vacationscan be sustained.
"Such matters of generaloffice routineor mode in which a public officer,with the help.ofhis authorized deputies,assistantsand clerks,performsthe duties'of his office,where not regulatedby statute,are not vested in the ccezmissionerscourt. We cannothelp but view the matter of regulationof hours ,andvacationsof public offi- cers in all governmentaland politicalunits of the govem- ment as being solely-oneof executive,adninistrative~dis- cretion,~subjedt to be withdrawnorcontrolledby the Leg- islature.
"Vacationsare closelyidentifiedwith generaladnin- istrativepowers vested in the holder of a public office. The only principleupon which vacationsare permitted,inso- far as a declaredpolicy of the governmentwould authorize same, appearsgroundedon a settledpolicy of employeesor public officersenteringinto an agreementwith their depart- mental or.officehead, under the latter'ssupervisionand direction.
"As vacationsdirectlyaffectthe dischargingof the dutiesof a particularoffice,the responsibility for which reposesin the principalof such office,the Commissioners Court, being nowise chargedwith such responsibility, would not be authorized,in the absenceof legislativeauthority, to assume controland attemptto regulatethe same.
"It is, therefore,the opinionof this departmentthat the commissionerscourt of a countydoes not have the au- thorityto pass an order providingthat no vacationswith pay shall be allowedany mnployeesof the county or deputiesor assis'tantsof county officersuntil and unless such persons have been mnployedfor a period of one year. Such order,be- ing beyond the scope of power and authorityvested in the CoznzissionersCourt, is ultra vires and void."
We quote from OpinionNo. O-1876 of this departmentas follrms:
"You are respectfullyadvisedthat it is the opinionof this departmentthat the county clerk has the authorityto pay a deputyhis regularsalary during the absenceof'such deputyfrom eaploymentdue to sicknessor vacationfor a rea- sonablelength of time." Hon. J. D. Looney,page 4 (O-5388)
We encloseherewithcopies of OpinionsNos. O-l&l and O-1876.
OpinionNo. 04620 of this ~p@$wpt holds that the countyattorney of Walker County,Texas,has no authorityto eplploya stenographerand pay her a salaryas an authorizedexpenseout of his fees of office. This opinion definesthe term "stenographer.*'
OpinionNo. O-1874 of this department, holds that when the countyattor- ney of LibertyCounty,Texas, ccmplieswith Article 3902, V.A.C.S.,a l'clerkn maybe appointedfor such county attorney.
OpinionNo. O-1930 of this departmentholds that neitherthe county attorneynor the commissioners' court has any statutoryauthorityto employa stenographerfor the countyattorneyof Johnson County,Texas, and pay for same out of countyfunds. This opinionfurtherholds that the commissioners' court of~JohnsonCounty,Texas, a salary county,having a populationin excessof 20,000 inhabitantsaccordingto the last precedingFederalCensus,may author- ize the employmentof a stenographerby the county judge and pay for such serv- ices out of the generalfund of the~countyto an amount not to exceedTwelve HundredDollars