HonorableAdam R. Johnson ExecutiveDirector State Departmentof PublicWelfare Austin,Texas
HonorableOrvilleS. Carpenter Chairmanand ExecutiveDirector Texas UnemploymentCompensationCommission Austin,Texas
Gentlemen:
OpinionNo. O-1752 Re: May a Joint Merit System Councilbe established';y the ExecutiveDirectorsof the State Departmentof Public Welfareend Texas UnemploymentCompensation Collmission?
We receivedyour letterof December1, 1939, in which you request our opinionon the followingquestion:
"DO we have authorityunder the laws creatingthese agen- cies and the generallaws of the State of Texas to establishby regulationsuch a Joint Merit System Councilas that contemplated by the minimum standardsof the Social SecurityBoard; or, in the absenceof any specificstatutoryauthorization,is there any prohibition'against such joint actionby us?"
You advisethat the Federal SecurityAgency has adoptedminimum standardsfor a merit systemof personneladministration and enclosea copy of the minimumstandardsfor a merit system in these agencies. A perusalof the minimum standardsset out in the folder disclosesthat in the absenceof a State civil servicesystemthere will be establisheda merit systemadmin-~ isteredby.an impartialbody referredto s.sthe Merit SystemCouncil,the members of which are to be appointedby the administrativeagenciesor by the Governoron recommendation of the administrativeagencies,for statedoverlap- ping terms, and no member of which is otherwiseemployedas an officialor employeeof any of the State agenciesaffected. Briefly stated,the minimum standardsprovidefor a completemerit systemor civil serviceplan to be ad- ministeredby the Merit System Council. Among other requirements, the Council HonorableAdam R. Johnssn,Page 2 (O-1752) HonorableOrvilleS. Carpenter
is to appointa merit system supervisorto conductwritten exsminations~given to appliCmtB, and establishregistersof eligibles. All poBitionsnot spe- cificallyexemptedare to be filled from a regieterof eligibleswhich will includea limitednumber of the highestavailableeligibles. Further,the eligibilityof an employeefor promotionwill be determinedon recommendation of the agency and certification by the merit system supervisorthat the em- ployee meets the minimumrequirementsand is qualifiedfor promotionto the class of positionin question.
A scrutinyof the statutesrevealsthat the selectionof employees for the State Departmentof PublicWelfarehas been vested in the executive directorand the members of the board. Sectionk of Article695c, Revised Civil Statutesof Texas, reads:
"The ExecutiveDirectorshall be the executiveand admin- iBtmtiVe officerof the State Department. The ExecutiveDirec- tor, with the consentand approvalsof a majorityof the members of the Board shall:
"a. Classifyall positionsIn the administration of this Act;
"b. Fix objectiveBtandardBfor all positionsincludedin the classifications;
"C. Formulatesalaryschedulesfor the servicesso cla~si- fled, subjectto biennialappropriations;
"d. Provide for a fair and impartialselection,appoint- ment, retentionand promotionof personnelin accordancewith the classificationand compensationplans thereinbefore pro- vided."
The authorityto appointemployeesfor the Texas UnemploymentCom- pensationCommission rests with the Commission. Article 5221-b-9,Subdivi- sion (d), RevisedCivil Statutes,providesas follows:
"Personnel: Subjectto other provision6of this Act, the Commission iB authorizedto appoint,fix the compensation, and prescribethe duties and powers of such officers,accountants, attorneys,experts,and other personsas may be necessaryin the performanceof its duties. The Commissionshall not em- ploye or pay any person who is an officeror cossnitteemember of any politicalparty organization.The Comis~ion may dele- gate to any such person so appointedsuch power and authority as it deems reasonableand proper for the effectiveadminis- trationof this Act, and may, in its discretion,bond any per- Son handlingmoneys or signingchecks hereunder." HonorableAdam R. Johnson,Page 3 (O-1752) HonorableOrvilleS. Carpenter
16 providedfor by statute,it takes When a civil servicecosunieeion over certainpowersthat were formerlyvested in the administrativehead or appointingpower of