Department: County Administration
Department Head/Elected Official: Diana Ramirez
Regular or Supplemental RCA: Regular RCA
Type of Request: Financial Authorization
Project ID (if applicable): N/A
Vendor/Entity Legal Name (if applicable): N/A
MWDBE Contracted Goal (if applicable): N/A
MWDBE Current Participation (if applicable): N/A
Justification for 0% MWDBE Participation Goal: N/A - Goal not applicable to request
Request Summary (Agenda Caption):
title
Request for discussion and possible action to propose elected officials’ salary increases for FY 2025.
end
Background and Discussion:
Elected county and precinct officers whose salaries are set by Commissioners Court include the County Judge, County Commissioners, County Clerk, District Clerk, Tax Assessor-Collector, Treasurer, County Attorney, District Attorney, Sheriff, Constables, Probate Judges, County Court-at-Law Judges, and Justices of the Peace.
For certain of these elected officials, Chapter 152 of the Local Government Code requires Commissioners Court to set the salary “at a regular meeting of the court during the regular budget hearing and adoption proceedings.” For these specific positions, there are statutory timelines associated with the salary setting process, including requirements for publication, notice, and a salary grievance process.
While the above salaries are set by the Commissioners Court, the proposed salary increases for the County Judge and judges of a court of record (County Court-at-Law Judges and Probate Court Judges) do not have to follow the statutory salary setting process and do not allow for a salary grievance procedure.
The last time elected county and precinct officers’ salaries were adjusted by Commissioners Court was in 2016. Since that time, regular county employees have received cost of living increases of 2.2% in FY 2022 and 7% in FY 2024, totaling 9.2%.
Salary Increase Options
The table below includes elected county and precinct officers’ current salaries and options for a 9.2% increase and a 4.6% increase (half of 9.2%). Please note that elected county and precinct officers, in addition to the base compensation rates reflected below, may also earn a combination of longevity pay, allowances (car, cell phone, equipment, clothing), education add-pay (certificates, college), and law enforcement bilingual pay. These total from $0 to almost $16,020 per year in pay beyond an incumbent’s annual salary and are not included in the figures below. In addition, one official has use of a county vehicle.
|
|
Salary Options |
|
Elected Officer |
Current |
|
9.2% Inc |
Total* |
|
4.6% Inc |
Total* |
|
County Judge |
190,860.80 |
|
17,559.19 |
208,420.00 |
|
8,779.60 |
199,640.00 |
|
Commissioners (4) |
182,561.60 |
|
16,795.67 |
199,357.00 |
|
8,397.83 |
190,959.00 |
|
District Attorney |
199,160.00 |
|
18,322.72 |
217,483.00 |
|
9,161.36 |
208,321.00 |
|
County Attorney |
199,160.00 |
|
18,322.72 |
217,483.00 |
|
9,161.36 |
208,321.00 |
|
County Clerk |
164,299.20 |
|
15,115.53 |
179,415.00 |
|
7,557.76 |
171,857.00 |
|
County Treasurer |
127,795.20 |
|
11,757.16 |
139,552.00 |
|
5,878.58 |
133,674.00 |
|
Tax Assessor & Collector |
164,299.20 |
|
15,115.53 |
179,415.00 |
|
7,557.76 |
171,857.00 |
|
District Clerk |
164,299.20 |
|
15,115.53 |
179,415.00 |
|
7,557.76 |
171,857.00 |
|
Sheriff |
199,160.00 |
|
18,322.72 |
217,483.00 |
|
9,161.36 |
208,321.00 |
|
Constables (8) |
133,598.40 |
|
12,291.05 |
145,889.00 |
|
6,145.53 |
139,744.00 |
|
Justices of the Peace (16) |
132,766.40 |
|
12,214.51 |
144,981.00 |
|
6,107.25 |
138,874.00 |
*Please note the salary values are rounded to the nearest dollar.
The total additional annual cost for these salary increases, including benefits is approximately $609,000 for the 9.2% increase and $305,000 for the 4.6% increase.
For County Court-at-Law and Probate Court Judges, there are minimum and maximum salaries established by the State and based on years of service that the county must follow. Please see the attached memo from the State Office of Court Administration titled, Judicial Salaries, updated June 2024. Based on those requirements, OCA is proposing the following salary options for those officers.
|
|
Salary Options |
|
Elected Officer |
Current |
|
9.2% Inc |
Total |
|
4.6% Inc |
Total |
|
County Court-at-Law Judge |
165,963.20 |
|
15,268.61 |
181,232.00 |
|
7,634.31 |
173,598.00 |
|
|
171,995.20 |
|
15,823.56 |
187,819.00 |
|
7,911.78 |
179,907.00 |
|
|
184,995.20 |
|
8,404.80 |
193,400.00 |
|
8,404.80 |
193,400.00 |
|
Probate Court Judge |
165,963.20 |
|
15,268.61 |
181,232.00 |
|
7,634.31 |
173,598.00 |
|
|
171,995.20 |
|
15,823.56 |
187,819.00 |
|
7,911.78 |
179,907.00 |
There are various salaries listed for each of the two Judge categories due to the length of service levels identified on pages 4-6 of the Office of Court Administration memo referenced above. The two salary increase options remain within the State maximum salary allowed of $193,400 (or $1,000 less than the highest salary that can be paid to a District Judge). Each judge’s actual salary within these minimums and maximums will be determined consistent with the years of service and other factors as set forth in the Texas Government Code.
The total additional annual cost for these salary increases, including benefits (24%) is approximately $477,000 for the 9.2% increase and $244,000 for the 4.6% increase. Please note there are 20 County Court-at-Law Judges and 5 Probate Court Judges to which these increases apply.
District Judges and Appellate Court Justices have their salaries set by the state with an annual County supplement that is already set at the maximum rate of $18,000 and $9,000, respectively.
General Fund Impact of Salary Increase Options
The total General Fund impact of a 9.2% salary increase for all the elected officials listed above is approximately $1,086,000 and $549,000 for the 4.6% salary increase.
While an elected official may donate all or part of their salary to the General Fund by submitting appropriate paperwork to the County Auditor’s Office, OCA recommends that the salary budget in the elected official’s department reflect the full authorized salary and any unpaid salary funds not be allowed to be used for other purposes but fall to ending fund balance. This ensures that the budget reflects Commissioners Court’s decisions.
Salary Grievance Committee
Local Government Code (LGC) Section 152.014 requires the County to establish a Salary Grievance Committee composed of (1) the County Judge and nine public members or (2) the County Judge, Sheriff, Tax Assessor-Collector, Treasurer, County Clerk, District Clerk, County Attorney or Criminal District Attorney, and three public members. In either instance, the County Judge is the Chair of the committee but does not vote.
If the County chooses to establish a Salary Grievance Committee composed of public members, the public members must be residents of Harris County and have served on a grand jury in the county during the preceding calendar year. The public members may be selected from names drawn at random (essentially drawing slips from a hat) or from a randomized list with names selected in the order of the list. The task of developing the grand jury list (either on slips of paper or electronically selected) is statutorily assigned to the County Clerk and the names must be selected during a Commissioners Court meeting.
OCA recommends Commissioners Court adopt the Committee structure composed of nine public members and if a committee needs to be named to hear a grievance, that the County Clerk be directed to generate a randomized list using a computer.
Filing a Grievance
LGC Section 152.016 stipulates, “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 hearing request must be made in writing, delivered to the County Judge within five days after the date the officer receives the notice of the salary or personal expenses, and state the desired change in salary or personal expenses. Neither the County Judge nor a judge of a court of record may grieve salary in this manner.
Schedule for Increasing Elected Officials’ Salaries
OCA recommends the following schedule be followed to meet the requirements of LGC Chapter 152.
|
Date |
Action |
|
Aug 6 |
Commissioners Court selects option for proposed salary increase |
|
Aug 7 |
The Office of County Administration, on behalf of Commissioners Court, notifies elected county or precinct officer informing them of the salary and personal expenses proposed for their individual office |
|
Aug 12 |
Grievance request (in writing) is due |
|
Aug 27 |
Commissioners Court meeting when public members of the Salary Grievance Committee are selected, if a grievance request was received |
|
Sep 6 |
Ten-day deadline for Salary Grievance Committee hearing |
|
Sept 7 |
Publish Notice of Proposed Salaries |
|
Sep 10 |
Commissioners Court meeting to consider Salary Grievance Committee recommendation and take action, if action required. |
|
Sep 19 |
Budget Public Hearing and Adoption |
Expected Impact:
If a proposed salary increase is approved for publication, OCA, OMB, HRRM, and the County Clerk’s Office will publish any required notices and follow the appropriate statutory process, with the guidance of the County Attorney’s Office.
Alternative Options:
Commissioners Court could decide not to increase salaries for any elected officials.
Alignment with Goal(s):
_ Justice and Safety
_ Economic Opportunity
_ Housing
_ Public Health
_ Transportation
_ Flooding
_ Environment
X Governance and Customer Service
Prior Court Action (if any):
|
Date |
Agenda Item # |
Action Taken |
|
|
|
|
Location:
Address (if applicable): N/A
Precinct(s): Countywide
|
Fiscal and Personnel Summary |
|
Service Name |
Compensation |
|
|
|
Current Fiscal Year Cost |
Annual Fiscal Cost |
|
|
Labor |
Non-Labor |
Total |
Recurring Expenses |
|
Funding Sources |
|
|
Existing Budget |
|
|
|
|
|
Choose an item. |
$ |
$ |
$ |
$ |
|
Choose an item. |
$ |
$ |
$ |
$ |
|
Choose an item. |
$ |
$ |
$ |
$ |
|
Total Current Budget |
$ |
$ |
$ |
$ |
|
Additional Budget Request (Requires Fiscal Review Request Form) |
|
|
1000 - General Fund |
$ |
$ |
$ |
$549,000 - $1,086,000 |
|
Choose an item. |
$ |
$ |
$ |
$ |
|
Choose an item. |
$ |
$ |
$ |
$ |
|
Total Additional Budget Request |
$ |
$ |
$ |
$ |
|
Total Funding Request |
$ |
$ |
$ |
$549,000 - 1,086,000 |
|
Personnel (Fill out section only if requesting new PCNs) |
|
|
Current Position Count for Service |
- |
- |
- |
- |
|
Additional Positions Request |
- |
- |
- |
- |
|
Total Personnel |
- |
- |
- |
- |
Anticipated Court Date: August 6, 2024
Anticipated Implementation Date (if different from Court date): October 1, 2024
Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item
Contact(s) name, title, department: Diana Ramirez, County Administrator, OCA
Shain Carrizal, Sakita Douglas, Human Resources and Risk Management
Attachments (if applicable): State Office of Court Administration Judicial Salaries Memo