~„ ersonnel Amend- 26, 1997. 3 ATION, '` COUN- VS r lion] TION, fed Ot5- .n Griev- lation to Suit Re- Sion] TION ensaUon :ion] ATION AID rt to be ion] LYING e. PUBLIC OFFICERS AND EMPLOYEES Section 152.074. Longevity Pay for Commissioned Deputies and County Jailers. 152.075. Compensation for Reserve Deputy Sheriffs. [Sections 152.070 to 152.900 reserved for expansion] SUBCHAPTER Z. MISCELLANEOUS PROVISIONS 152.901. Travel Expenses for Certain County Agents and Board Members. 152.902. Compensation for Reserve Deputy Constables. 162.903. Compensation for Interpreters Employed by Dis- trict Courts. 162.904. Compensation of County Judge in Certain Coun- ties. 152.905. Procedures for Setting Compensation by District Judges. 152.906. Longevity Pay for Deputy Constables. 152.90'7. Continuing Education Expenses for County and Precinct l7ff~cera. SUBCHAPTER A. GENERAL PROVISIONS § 152.001. Funds From Which Amounts are Paid Unless otherwise provided by law, the compensa- tion, expenses, and allowances set under this code for a district, county, or precinct officer or employee may be paid from the general fund of the county in which the officer or employee serves or from any other funds that are available for that purpose. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1957. § 152.002. Salary Donation to County The county may accept from an elected county or precinct officer a gift or donation of all or part of the salary paid try the county to the officer. The county treasurer shall deposit a gift or donation accepted under this section in the general fund of the county. Added by Acts 1989, 71st Leg., ch. 1259, § 1, eff. June 1& 1989. [Sections 152.003 to 152,010 reserved for expansion] SUBCHAPTER B. AMOUNT OF COMPENSA- TION, EXPENSES, AND ALLOWANCES GENERALLY APPLICABLE § 152.011. Amount Set by Commissioners Court The commissioners court of a county shall set the amount of the compensation, office and travel ex- penses, and all other allowances for county and pre- cinct officers and employees who are paid wholly from county funds. Acts 1987, 70th Leg., ch. 199, § 1, eff. Sept 1, 1987. § 15'L.014 § 152.012. Minimum Amount of Salary The commissioners court may not set the salary of an officer or employee at an amount less than the amount of the salary in effect on January 1, 1972. The court may not set the salary of a justice of the peace at an amount less than the amount of the salary in effect on May 25, 1973. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 152.013. Procedure for Setting Amounts for Elected Officers (a) Each year the commissioners court shall set the salary, expenses, and other allowances of elected coun- ty or precinct officers. The commissioners court shall set the items at a regular meeting of the court during the regular budget hearing and adoption proceedings. (b) Before the 10th day before the date of the meeting, the commissioners court must publish in a newspaper of general circulation in the county a notice of: (1) any salaries, expenses, or allowances that are proposed to be increased; and (2) the amount of the proposed increases. (c) Before filing the annual budget with the county clerk, the commissioners court shall give written no- tice to each elected county and precinct officer of the officer's salary and personal expenses to be included in the budget. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 152.014. Salary Grievance Committee Text of subsec. (a) effective unfit January 1, 200k (a) In each county there is a salary grievance com- mittee composed of the county judge and: (1) the sheriff, county tax assessor-collector, county treasurer, county clerk, district clerk, county attorney or criminal district attorney, and the num- ber of public members necessary to provide nine voting members; or (2) nine public members, if the commissioners court votes in January each year to have nine public members. Text of suhsec. (a) effective January 1, Q004 (a) In each county there is a salary grievance com- mittee composed of the county judge and (1) the sheriff, county tax assessorcollector, county treasurer, county clerk, district clerk, county 313 § 152.014 LOCAL GOVERNMENT CODE attorney or criminal district attorney, and the num- ber of public members necessary to provide rdne voting members; or (2) nine public members, if the commissioners court votes to have nine public members. (b) The county judge is chairman of the committee, but is not entitled to vote. (c) Public members must be residents of the coun- ty. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amend- ed by Acts 1997, 76th Leg., Cll. 326, $ 1, eff. Sept 1, 1997; Acts 2003, 78th Leg., ch. 131, § 1, eff. Jan. 1, 2004. Section 4 04 Acts 2003, 78th Leg., ch. 131, provides: "This Act takes effect January 1, 2004, and applies only to the salary or expence of an elected county or precinct officer for a county fieml year that begins on or atter that date." $ 152.015. Selection and Term of Public Members on Grievance Committee Text of subset. (a) effective until January 1, 2004 (a) The public members of the salary grievance committee shall be selected at a meeting of the court in January each year. Text of subset. (a) effective January 1, 2004 (a) The public members of the salary grievance committee shall be selected at a meeting of the court at any time during the year, but not later than the 15th day after the date a request for a hearing is received under Section 162.016(a). If a request for a public hearing is not received, the commissioners court is not required to select public members. (b) Before the meeting, the county clerk shall place on a separate slip the name of each person who served on a grand jury in the county during the preceding calendar year. At the meeting the slips shall be folded, placed in an appropriate container, and mixed. The county judge shall draw at random a number of slips equal to the number of public members needed for the committee and shall announce the names on the slips. At the meeting the county judge may repeat this process and make a list of alternates. A person whose name is drawn becomes a member of the committee or an alternate on submitting written acceptance to the clerk. If a person refuses or is unable to serve on the committee, a replacement shall be appointed from the list of alternates. If the list of alternates ie exhausted or dcea not exist, a replace- ment shall be selected at the next regular or called commissioners court meeting by random selection of a slip from the remaining slips. This process shall be repeated until the required number of public members is selected. Text of subset. (c) effective until January 1, 2004 (c) A public member serves until a successor is appointed the following January. Text of subset. (c) effective January 1, 2004 (c) A public member serves until the later of: (1) the end of the fiscal year in which the public member is appointed; or (2) the time the committee takes a final vote on the last of the grievances for which the committee held a public hearing. (d) A vacancy in a public member position shall be filled for the unexpired part of the term by appoint- ment from the list of alternates. If the list of alter- nates is exhausted or does not exist, a repLlcement shall be filled by random selection of a slip from the remaining slips at a meeting of the commissioners court. Acts 198?, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amend- ed by Acts 1997, 75th Leg., ch. 326, § 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 131, § 2, eff. Jan. 1, 2004; Acts 2003, 78th Leg., ch. 1021, § 1, eff. Sept. 1, 2003. Section 4 of Acts 200'3, 78th Leg., Ch. 131, provides: "This Act takes effect January 1, 20tH, and applies only to the salary or expense of an elected county or precnct officer for a munty fuwal year that begins on or after that date." § 152.016. Functions of Grievance Committee in Relation to Elected Officers (a) An elected county or precinct officer who is aggrieved by the setting of the officer's salary or personal expenses may request a hearing before the salary grievance committee before the approval of the county's annual budget. The request must: (1) be in writing, (2) be delivered to the committee chairman with- in five days after the date the officer receives notice of the salary or personal expenses; and (3) state the desired change in salary or personal expenses. Text of subsea (b) effective until January 1, 2004 (b) The committee shall hold a public hearing with- in 10 days after the date the request is received. The chairman shall announce the time and place of the hearing. 314 embers .2004 sor is 74 public ote on mittee fall be tpoinb alter- ement ~m the .toners lmend- 1997; Acts to the ~ manly tee in Iho is uy or re the of the with- notice rsonal 3!004 with- The if the PUBLIC OFFICERS AND EMPLOYEES Text of subset. (b) effective January 1, 2004 (b) The committee shall hold a public hearing not later than the later of the 10th day after: (1) the date the request is received; or (2) the date the commissioners court selects the public members of the committee. Text of subset (b-1) effective January 1, 2004 (b-1) The chairman shall announce the time and place of the hearing. (c) If, after the healing, six or more of the mem- bers vote to recommend an increase in the officer's salary or personal expenses, the committee shall sub- mit its recommendation to the commissioners court in writing. If six to eight members vote to recommend the increase, the commissioners court shall consider the recommendation at its next meeting. If nine members vote to recommend the increase and sign the recommendation, the commissioners court shall in- clude the increase in the budget before the budget is filed and the increase takes effect in the next budget year. (d) The committee's authority is limited to the con- sideration of increases in the salaries or personal expenses of county and precinct officers. The com- mittee may not set policy of the county or add new items to a proposed county budget. Acts 1987, 70th Leg., ch. 149, § I, eff. Sept. 1, 1987. Amend- ed by Acts 1997, 75th Leg., ch. 326, § 3, eff. Sept„ 1, 1997; AMs 2003, 78th Leg., ch. 131, § 3, eff. Jan. 1, 2004. Section 4 of Acts 2003, 78th Leg., ch. 131, provides: "This Act takes effect January ], 2004, and applies only to the salary or expenee of an elected manly or precinct officer for a county fiscal year that begins on or after that date." § 152.0165. Exhaustion of Remedies Before Filing Suit Regarding Grievance (a) An elected county or precinct officer may not file suit regarding the officer's salary or personal expenses unless a hearing has been requested and held under Section 152.016. (b) This section does not affect a defense, immuni- ty, or jurisdictional baz available to a county or a county official or employee that is sued by a county or precinct officer based on the officer's salary, office and travel expenses, or other allowances. Added by Acts 2003, 78th Leg., ch. 439, § 1, eff. Sept. 1, 2003. Section 2 of Arta ZOD;t, 78th Leg., ch. 939 Provides: "Section 162.0105, Local Government Code, as added by this Ac4 applies oNy to a civil action fled on or after the efieetive date of this § 152.031 Act An action Piled before the efteMive date of this Act is governed by the law in etfect immediately before that date, and that law is continued in effect for that purpose." § 152.017. Exceptions This subchapter does not apply to: (1) a judge of a court of record; (2) a presiding judge of a commissioners court in a county with a population of 2.5 million or more; (3) a district attorney paid wholly by state funds or the district attorney's assistants, investigators, or other employees; (4) a county auditor, county purchasing agent, or the auditor's or purchasing agent's assistants or other employees; or (5) a person employed under Section 10, Article 42.12, Code of Criminal Procedure. Acts 1987, 70th Leg., ch. 149, $ 1, eff. Sept. 1, 1987. Amend- ed by Acts 1991, 72nd Leg., ch. 597, § S9, eff. Sept. 1, 1991. § 152.018. Former Procedures Not Affected This subchapter does not affect a lawful procedure or delegation of authority established before January 1, 1972, for setting the salary of a county or precinct employee. Acts 1987, 70th Leg., ch. 199, § 1, eff. Sept. 1, 1987. [Sections 152.019 to 152.030 reserved for expansion] SUBCHAPTER C. AMOUNT OF COMPEN- SATION AND EXPENSES OF COUN- TY AUDITOR AND ASSISTANTS § 152.031. County Auditor's Salary (a) At a hearing held in accordance with Section 152.905, the district judges appointing the county au- ditor shall set, by a majority vote, the auditor's annual salary as compensation for services and the auditor's travel expenses and other allowances. The action of the district judges must be taken by order and must be recorded as prescribed by Section 152.905 and in the minutes of the district court. (b} The district clerk shall certify the order to the commissioners court of the county for its observance. The commissioners court shall cause the order to be recorded in its minutes. 315 To: The Kerr County Cmmnissioners' Couri has drawn your name fr.~ n the list of Clran~ liarors tc~: serve on a Salary Grievance Committee. The purpose of this committee is to hear from an elected official ii ~ our counter ~~rho seek, ..~ x€er-a al ~' adl'~_ `. ,.c~,e ~he~yComrr>}s_' ~~''~ xrt--- ~ Attached is the section from the Local Government Code §152.01.3 & 152.01 fcr your reference. The Salary Grievance hearing will be held on September ,?0(16 in the ~ 'c:uncy Courtroom located at the Kerr County Courthouse, 700 Main St. h_:nwille: Tests and }'o! u' presence is required. Thank you for your attention to this matter. Sincerely Jannett Pieper Kerr County Clerk.