@Mice of tfp Bttornep &neral %btateof Emas DAN MORALES November 3.1993 Al-rORNEY GENERAL Honorable O.H. 'Ike" Harris OpinionNo. DM-270 chfiir CWWlttUOllS~Affairs Texas State Senate P.O. Box 12068 hstin,Texas 78711
You have requested our opinion repding the number of vacation days to which police officers and fire fighters are entitled in a city with a population of more than 30,000. Section 142.0013 oft&Local hwrmnem Code provides: (a) A member of a &e or police department in a municip&y withapopllationofmonthan25,000mayool,u~inm anageacy,berequiredtokondutymonthan~&~inawaL (b) Amanberofa6reorpolicedepartmentinamunicipality with a population of more then 30,000 is entitled to 15 vakxtion days eachyearwithpayifthememberhasbeenre@rlyemployediothe -or&=-- for at least one year. The municipal officials sum the Sre and police departments shall designate thedaysoftheweekduringwhichamanbaofafiredepartmentor policed~~~isnotrequindtobeondutymdthe&ysduriag whichthememberisallowedtobeonvacation (c) Ai%efighterandapoliceofhrsbllbegrantedtheaame number of vacation days and holidays or days in lieu of vacation days or llolkiays$granted to other municipalemployees. SpecSally, you inquire about the possible conflict between sobsections (b) and (c) io cities with a population of geater than 30,000.
Itiswiomaticthstrtlportionsofa~e~be~~if~ffeasibleto doso,andeffect@veotoeach. Bbckv.Awn!ricunBankersI- Co.. 478 S.W.2d 434 (Tex. 1972); Brown v. Owens, 674 S.W.2d 748 (Tex. 1984). Subsections (b) and (c) of section 142.0013 may be harmooized by consbuiq rubsection (b) as an exception to the more general rule of subsection (c). Section 311.026 of the Gownment Code provides that, where "a geoerel provision contkts with a special or local provisioo, the provisionsshallbewnstnred,ifpossible.K,thateffectbgiventoboth.,Ontheotha hand ifthere ranainsMirCCCOllCilable~~Ctbetwcmthetwoprovisions."therpecirrlor local provision prevails as an exception to the Send won"
p. 1411 Honorable O.H. "Ike"Harris - Page 2 @M-270)
chstrued in this light, subsection (b) applies only to those iire fighters and police officers who (1) are employed by a "municipalitywith a population of more than 30,000," and (2) have been "regularly employed"in their respective departments "for at least one year." Subsection (b) provides a minimum for those individuals: 15 vacation days each YCarWitilptiy.If,howmr.Acity'SpOliCyistOgranttoits~~~~~Ohave~edat kast25yearsKnicevacationintheamountof2Odaysperyeor.afirefighterorpolice officer with 25 years setvice in that particular city would also be entitled to 20 vacation days. Likewise, a fire fighter or police officer with less than one year of service should receive whatever vacation time is awarded to all municipal employees with less than one year of service. Thus a fire fighta or police officer in a city of more than 30.000 must be grantdtl'e msximumvacation time availableunder either subsection (b) or subsection (c), whichever is greater in his particular case.'
SUMMARY
A fire fighi~ and a police officer in a city of @eater than 30,000 is entitled to the number of vacation days granted under either subsection (b) or subsection (c) of section 142.0013 of the Local Oowrntnent Code, whichever is greater.
DAN MORALES Attorney General of Texas
WILL PRYOR Fii Assistant Attorney OKled
MARYKELLER Deputy Attorney Ciewal for LitiSation
RENEAHICKS State Solicitor
MADELEINE B. JOHNSON Chair, Opiion Committee
Prepared by Rick Gilpin Deputy Chief, Opiion Committee
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