TDCAA    TDCAA Community  Hop To Forum Categories  Other    Longevity pay and prior prosecution service
Go
New
Find
Notify
Tools
Reply
  
Longevity pay and prior prosecution service Login/Join 
Member
posted
Question:

Must a county pay the career-prosecutor longevity based on a prosecutor's total years of service, even if the prosecutor accrued some of those years of service with a different office?

We have at least three prosecutors in this office who came directly from other DA's office. I'm sure this is a fairly common scenario.

Have any of your offices or counties taken a position one way or the other?

Does this issue warrant another request for an A/G opinion?

 
Posts: 532 | Location: McKinney, Tx | Registered: June 22, 2001Reply With QuoteReport This Post
Member
posted Hide Post
The statute clearly includes service from any employer. It anticipates that credit accrues for service as a prosecutor, and makes no mention of any particular office. That was the whole idea behind "lifetime" credit instead of just staying with a single employer.

Sec. 41.257. ACCRUAL OF LIFETIME SERVICE CREDIT. (a) An assistant prosecutor accrues lifetime service credit for the period in which the assistant prosecutor serves as a full-time, part-time, or temporary assistant prosecutor.

Montgomery county honors this idea. I have not heard from any other county doing otherwise.

 
Posts: 374 | Location: Houston, TX | Registered: July 25, 2001Reply With QuoteReport This Post
Member
posted Hide Post
I agree with Dan, and it is my understanding that is how the counties are doing it. Also, there is a fairly analogous situation involving deputy longevity pay, in which the AG ruled that you get credit for non-continuous service. See, MW-509 (1982).

Hope this is helpful...

 
Posts: 273 | Registered: January 19, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Rob and Dan, thanks for the input.
 
Posts: 532 | Location: McKinney, Tx | Registered: June 22, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Harris County has asked about this issue. Check the AG website for requests for opinion.
 
Posts: 266 | Location: Waxahachie, Texas | Registered: August 07, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Ray (Rike, I presume):

Once again, the great people at Tarrant County help out. I appreciate the pointer and I now have a copy of the request on my desk.

I have a follow-up question:
How soon do you think an opinion will be issued for a request filed last September?

 
Posts: 532 | Location: McKinney, Tx | Registered: June 22, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Other    Longevity pay and prior prosecution service

© TDCAA, 2001. All Rights Reserved.