Anderson County judge cites legal opinion, says he will reduce his 2026 pay by $13,311.10

Anderson County Judge McKinney told the commissioner's court that a written legal opinion concludes Texas law permits an elected county officer to reduce his compensation by affidavit and that donated salary funds become subject to the county budget authority.

"The local government code authorizes the county officer to reduce the compensation for the office at any time by filing an affidavit of the amount of reduction with the county payroll officer," McKinney read, summarizing counsel's opinion. He said he prepared the required affidavit and plans to file it with the county treasurer and payroll so the change will take effect Jan. 1, 2026.

McKinney told the court he would reduce his salary for budget year 2026 by $13,311.10. He framed the action as a continuation of prior reductions and said the goal was to clarify concerns raised during budget discussions about whether voluntary reductions were legal or ethical. "My integrity is not worth $13,000," he said.

Several commissioners said they had seen a Google-sourced document and guidance attributed to the attorney general suggesting a judge could not direct state staffing or that offering cash checks to county employees could risk criminal or ethics violations. Court discussion centered on how donated funds are handled: counsel told the court that the state's judicial supplement is paid into the county general fund and is commingled with county funds, and once received the commissioner's court has budget authority over those funds.

The opinion read into the record cited applicable provisions of the Texas Local Government Code (including sections governing voluntary reduction of compensation and procedures for filing an affidavit) and noted that, once accepted, donated salary funds may be expended for any lawful purpose by budget amendment proposed and approved by the commissioner's court. The opinion also observed that the county judge cannot designate particular county employees to receive donated funds directly and that direct dispersal to individual employees could raise legal and ethical problems.

McKinney said he would not direct funds to individual employees and that any subsequent budget amendments to allocate donated funds would require court approval. He also said that if he pursued tax-handled distributions (after-tax payments requiring forms such as 1099s), practical and legal difficulties could arise.

The announcement was informational; the court did not take formal action on the matter during this meeting.

What happens next: McKinney said he will file the affidavit with payroll and may later propose budget amendments consistent with the legal opinion; any use of donated funds would require court approval.