Untitled Texas Attorney General Opinion ( 1978 )

The Attorney General of Texas September 6, 1978 JOHN L. HILL; &Q-/q5~ Attorney General Honorable Ann Postma Musgrove Opinion No. II- 1238 County Attorney Childress County Re: Salary increases under Childress, Texas 79201 grievance procedure of article 3912k. Dear Mrs. Musgrove: You have asked if the grievance committee, established under article 4C24-AU..SUWtOO S912k,section 2, V.T.C.S., may consider and recommend a salary increase for eFam.l%.7OOoS o(- all of the county’s officers, including those who made no request for a hearing on a saky increase. You also ask if the grievance committee may recommend a salary increase for the employees of county officials. Section 2(a) of article 3912k sets out the procedure which’an elected official must follow before the grievance committee may recommend an increase in salary. See Attorney General Opinion H-314 (1974) (grievance procedure raise may beeffective immediately). The official must request a l.abodblx.7sw1 hearing before the grievance committee in writii stating the manner in amna4233 whitih he feelsaggrieved. A hearing is held within thiity days after receipt of. the request. It is our opinion that an official subject to the provisions of section 2 of article 39l2k who does not follow this procedure will not be entitled to consideration for a pay increase under the grievance procedure. The grievance procedure established in section 2 of article 39l2k applies only to elected officers and not employees. Pay increases for employees ars ovemed by section 1 of article 3912k. See - Attorney General Opiion Ii-ll f1973). SUMMARY An elected county or precinct officer must make a written request for a salary increase before the article 3912k grievance committee may recommend a raise. County and precinct employees may not file a p. 4936 Honorable Ann Postma Musgrove - Page 2 (H-1238) grievance with the grievance committee, but they may be given a salary increase by the commissioners court pursuant to section 1 of article 3912k,V.T.C.8. JOHNL. HILL Attorney General of Texas APPROVED: k DAVIDM. KENDALL, First Assistant ’ C. ROBERTHEATH,ChairmAn Opinion Committee - p. 4937