Can commissioners court approve a full-time UNPAID position? Can they approve, for example, a volunteer investigator position, setting the compensation at zero? What if the job description is the same as a full-time paid position? Or what if it is slightly different?

As a FLSA issue, Section 3(e) 29 U.S.C. � 203(e)(4)(A), and 29 C.F.R. � 553.103(a) provide that individuals performing volunteer services for units of State and local governments will not be regarded as �employees� under the FLSA when: (a) the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee, and (b) the individual is otherwise not employed by the same public agency to perform the same type of services as those for which the individual proposes to volunteer.

If the intent is to commission him/her, see AG Opinion No. GA-0709. See also, Opinion No. JM-102
discussing the establishment of a position without compensation.

Hope this helps.

Obviously, same or similar job descriptions beg for trouble.