Untitled Texas Attorney General Opinion ( 1970 )


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  • Honorable W; 0. Williams       Opinion No. M-764
    County Auditor
    Grayson County                 Re:   Maximum compensation of
    Sherman, Texas   75090               deputy sheriffs and re-
    lated questians.
    Dear Mr. Williams:
    Your request for an opinion asks the following
    questions:
    "(1) What is the maximum salary allowed
    by law for a chief deputy in the sheriff's
    department?
    "(2) What is the maximum salary allowed
    by law for all other deputies?
    "(3) What is the number of deputies al-
    lowed by law for the sheriff's department?
    "(4) how many chief deputies may the
    sheriff employ?
    ' (5) what is the maximum salary allowed
    by law for assistant county attorneys?
    "(6) What is the maximum salary allowed
    by law to the county attorney's secretary?"
    In compliance with our opinion request procedure you
    first obtained the advice of the county attorney's office on
    these questions.
    In answer to questions one, two and five, the compensa-
    tion of deputy sheriffs and assistant county attorneys is governed
    by the provisions of Articles 3902, 3912g, 3902f-1, 3902f-4 and
    39025, Vernon's Civil Statutes. The base compensation of the
    -3732-
    Ron. W. 0. Williams, page   2     (M-764)
    chief deputy sheriff and the first assistant county attorney is
    fixed by Subdivision (f) of Article 3902 at $2,400 per annum and
    other deputies and assistants at $2,100 per annum. In addition
    to the base compensation such deputies and assistants are au-
    thorized to receive a 25% increase under the provisions of Sub-
    division (9), Article 3902, a 25% increase under the provisions
    of Article 3912g. a 35% increase under the provisions of Article
    3902f-1, a 35% increase under the provisions of Article 3902f-4
    and a 35% increase under the provisions of Article 39023, making
    the maximum compensation of the chief deputy sheriff of Grayson
    County and the first assistant county attorney $9,226.41, and
    the maximum compensation of other deputies and assistants $8,073.11,
    comnuted as follows:
    Chief Deputv and First Assistant County Attorney - $9,226.41
    ($2,400.00 + $600.00 + $750.00 + $1 312.50 + $1,771.88 + $2,392.03)
    Other Deputies and Assistants - $8,;)73.11
    -($2,100.00+ $525.00 + $656.25 + $1,148.44 + $1,550.39 + $2,093.03)
    In answer to your fourth question, the sheriff may em-
    ploy only one chief deputy. Article 3902, Vernon's Civil Statutes.
    Article 3902, Vernon's Civil Statutes, provides that
    the number of deputies, clerks or assistants of any district,
    county or precinct officer shall be the number as in the dis-
    cretion of the commissioners court the court may deem proper.
    In answer to your third question, ycu are advised that
    the commissioners court is the agency that determines the number
    of deputies allowed the sheriff's department, and it is solely
    within the discretion of the commissioners court to determine
    the number of deputies.
    In answer to your sixth question, the secretary to the
    county attorney may receive the same compensation as other deputies,
    clerks and assistants. Attorney General's Opinions O-1874 (1940)
    and V-38 (1947).
    SUMMARY
    It is within the sole discretion of the com-
    missioners court to determine the number of deputies
    allowed district, county and precinct officers.
    The maximum compensation allowed by law to the
    chief deputy and first assistant county attorney
    is $9,226.41, and the maximum compensation of
    other deputies and assistants is $8,073.11.
    -3733-
    Ron. W. 0. Williams, page 3        (M-764)
    Articles 3902, 3912g, 3902f-1, 3902f-4 and 39023,
    Vernon's Civil Statutes.
    The sheriff is allowed only one chief deputy.
    The secretary to the county attorney may receive
    the same compensation allowed deputies, clerks
    and assistants.
    truly    yo rs,
    bf P*
    . MARTIN
    General of Texas
    Prepared by John Reeves
    Assistant Attorney General    *
    APPROVED:
    OPINION COMMITTEE
    Kerns Taylor, Chairman
    W, E. Allen, Co-Chairman
    Sam Jones
    Glenn Brown
    Jerry Roberts
    Gordon Cass
    MEADE F. GRIFFIN
    Staff Legal Assistant
    ALFRED WALKER
    Executive Assistant
    NOLA WRITE
    First Assistant
    -3734
    

Document Info

Docket Number: M-764

Judges: Crawford Martin

Filed Date: 7/2/1970

Precedential Status: Precedential

Modified Date: 2/18/2017