Bill Text: WV SB96 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating generally to certain county officials
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2011-05-04 - Chapter 31, Acts, Regular Session, 2011 [SB96 Detail]
Download: West_Virginia-2011-SB96-Introduced.html
Senate Bill No. 96
(By Senators Laird, Miller, Plymale, Browning, Unger and D.
Facemire)
____________
[Introduced January 17, 2011; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
____________
Be it enacted by the Legislature of West Virginia:
That §7-7-4a and §7-7-19 of the Code of West Virginia, 1931, as amended, be repealed; and that §7-7-2, §7-7-3, §7-7-4, §7-7-6b, §7-7-6d, §7-7-7, §7-7-7a, §7-7-9, §7-7-11, §7-7-12, §7-7-13, §7-7- 14, §7-7-15, §7-7-16, §7-7-16a and §7-7-20 of said code be amended and reenacted, all to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
There is hereby established county in-service training programs as hereinafter set forth.
The Attorney General is hereby authorized and directed to establish such in-service training programs as in his or her opinion will do most to assist the prosecuting attorneys in the performance of their duties. The Attorney General is authorized to accept any federal aid which may be made available or any financial assistance which may be available from any private nonprofit organization for the purposes of this section. The prosecuting attorney in any county having a population in excess of two hundred thousand shall also discharge the additional duties imposed upon him or her by the provisions of section thirteen-a, article five, chapter forty-nine of this code.
The StateTax Commissioner Auditor is hereby authorized and
directed to establish such in-service training programs for county
commissioners, county clerks, circuit clerks, assessors, sheriffs
and their assistants and employees as in his or her opinion will do
most to modernize and improve the services of their respective
offices. The State Auditor in conjunction with the West Virginia
Supreme Court of Appeals is authorized and directed to establish
such in-service training programs for circuit clerks and their
assistants and employees. The State Tax Commissioner is authorized
and directed to establish such in-service training programs for
assessors and their assistants and employees. The State Tax
Commissioner, State Auditor and the West Virginia Supreme Court of
Appeals is are authorized to accept any federal aid which may be
made available or any financial assistance which may be available
from any private nonprofit organization for the purpose of this
article.
Each of the county officials mentioned in this section, and, at his or her option, one or more of his or her assistants, deputies and employees, shall participate in the programs established under this section.
The countycourt commission is authorized and directed to
expend funds for the purpose of reimbursing such officials and employees for the actual amount expended by them for food, lodging
and registration while in attendance at meetings called by the
Attorney General or the Tax Commissioner authorized training for
the purpose of this section. not to exceed $35 per day, with
mileage not to exceed the rate of ten cents per mile to be computed
according to the distance by the nearest practicable route for
travel to and from such meetings.
(a) For the purpose of determining the compensation of elected
county officials, the counties of the State of West Virginia are
hereby grouped into seven classes based on their assessed valuation
of property, all classes. These seven classes and the minimum and
maximum valuation of property, all classes, established to
determine the classification of each county are as follows:
Minimum AssessedMaximum Assessed
Valuation of PropertyValuation of Property
ClassAll ClassesAll Classes
Class I$600,000,000No Limit
Class II$450,000,000$599,999,999
Class III$200,000,000$449,999,999
Class IV$100,000,000$199,999,999
Class V$ 50,000,000$ 99,999,999
Class VI$ 15,000,000$ 49,999,999
Class VII$ 0$ 14,999,999
The assessed valuation of property, all classes, that shall be
used as the base to determine the class of a county shall be the assessed valuation of property, all classes, of the county as
certified by the county assessor, State Auditor and county clerk
prior to March 29, 1972.
Prior to March 29, 1974, and each second year thereafter, the
county court [county commission] of each county shall determine if
the assessed valuation of property, all classes, of the county, as
certified by the county assessor, State Auditor and county clerk,
is within the minimum and maximum limits of a class above or below
the class in which the county then is. If the county court so
determines, it shall record the new classification of the county
with the State Auditor and State Tax Commissioner and record its
action on its county court [county commission] record.
The classification of each county shall be subject to review
by the State Tax Commissioner. He The State Tax Commissioner shall
determine if the classification of each county is correct based on
the final assessed valuation of property, all classes, certified to
him or her by the county assessor, State Auditor and county clerk.
If he the State Tax Commissioner finds that a county is incorrectly
classified, he the State Tax Commissioner shall notify the county
court [county commission] of that county promptly of his or her
finding and in any case shall notify the county court prior to June
30 of that current fiscal year. Any county court [county
commission] so notified shall correct its classification
immediately and make any necessary corrections in the salaries of
its elected county officials for the next fiscal year. Nothing in
this section shall be construed as authorizing an increase in compensation except at such time as the affected county officer
begins a new term of office.
(b) Effective July 1, 1996, and thereafter, for the purpose of
determining the compensation of elected county officials, the
counties of the State of West Virginia will be grouped into ten
classes based on their assessed valuation of property, all classes.
These ten classes and the minimum and maximum valuation of
property, all classes, established to determine the classification
of each county are as follows:
Minimum AssessedMaximum Assessed
Valuation of PropertyValuation of Property
ClassAll ClassesAll Classes
Class I $ 2,000,000,000 No Limit
Class II $ 1,500,000,000 $ 1,999,999,999
Class III $ 1,000,000,000 $ 1,499,999,999
Class IV $ 700,000,000 $ 999,999,999
Class V $ 600,000,000 $ 699,999,999
Class VI $ 500,000,000 $ 599,999,999
Class VII $ 400,000,000 $ 499,999,999
Class VIII $ 300,000,000 $ 399,999,999
Class IX $ 200,000,000 $ 299,999,999
Class X $ -0- $ 199,999,999
The assessed valuation of property, all classes, that shall be used as the base to determine the class of a county shall be the assessed valuation of property, all classes, of the county as certified by the county assessor, State Auditor and county clerk prior to March 29, 1996.
Prior to March 29, 1998, and each second year thereafter, the county commission of each county, shall determine if the assessed valuation of property, all classes, of the county, as certified by the county assessor, State Auditor and county clerk is within the minimum and maximum limits of a class above or below the class in which the county then is. If the county commission so determines, it shall record the new classification of the county with the State Auditor and State Tax Commissioner and record its action on its county commission record.
The classification of each county shall be subject to review bythe state Tax Commission State Auditor. He or she shall determine if
the classification of each county is correct based on the final
assessed valuation of property, all classes, certified to him or her
by the county assessor, State Auditor and county clerk. If he or
she finds that a county is incorrectly classified, he or she shall
notify the county commission of that county promptly of his or her
finding and in any case shall notify the county prior to June 30 of
that current fiscal year. Any county commission so notified shall
correct its classification immediately and make any necessary
corrections in the salaries of its elected county officials for the
next fiscal year.
Notwithstanding the provisions of this article, whenever any other provision of this code refers to classifications of counties for purposes of imposing any right, duty or responsibility, the classification system set forth in subsection (a) of this section shall be utilized for determining the classification of a particular county.
(a)(1) All county commissioners shall be paid compensation out
of the county treasury in amounts and according to the schedule set
forth in subdivision (2) of this subsection for each class of county
as determined by the provisions of section three of this article:
Provided, That as to any county having a tribunal in lieu of a
county commission, the county commissioners of the county may be
paid less than the minimum compensation limits of the county
commission for the particular class of such county.
(2) COUNTY COMMISSIONERS
Class I
Class II
Class III
Class IV
Class V
Class VI
(3) The compensation, set out in subdivision (2) of this
subsection, shall be paid on and after January 1, 1985, to each
county commissioner. Within each county, every county commissioner
whose term of office commenced prior to January 1, 1985, shall receive the same annual compensation as commissioners commencing a
term of office on or after that date by virtue of the new duties
imposed upon county commissioners pursuant to the provisions of
chapter fifteen, acts of the Legislature, first extraordinary
session, 1983.
(4) For the purpose of determining the compensation to be paid
to the elected county officials of each county, the compensations
for each office by class, set out in subdivision (5) of this
subsection, are established and shall be used by each county
commission in determining the compensation of each of their county
officials other than compensation of members of the county
commission.
(5) OTHER ELECTED OFFICIALS
County
Sheriff
Class I
Class II
Class III
Class IV
Class V$20,400
Class VI
(6) Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff and
prosecuting attorney of a Class I county, any assessor of a Class II
and Class III county, any sheriff of a Class II and Class III county and any prosecuting attorney of a Class II county shall devote full-
time to his or her public duties to the exclusion of any other
employment: Provided, That any public official, whose term of
office begins when his or her county's classification imposes no
restriction on his or her outside activities, shall not be
restricted on his or her outside activities during the remainder of
the term for which he or she is elected. The compensation, set out
in subdivision (5) of this subsection, shall be paid on and after
January 1, 1985, to each elected county official.
(7) In the case of a county that has a joint clerk of the
county commission and circuit court, the compensation of the joint
clerk shall be fixed in an amount twenty-five percent higher than
the compensation would be fixed for the county clerk if it had
separate offices of county clerk and circuit clerk.
(8) The Legislature finds that the duties imposed upon county
clerks by the provisions of chapter sixty-four, Acts of the
Legislature, regular session, 1982, and by chapter fifteen, Acts of
the Legislature, first extraordinary session, 1983, constitute new
and additional duties for county clerks and as such justify the
additional compensation provided in this section without violating
the provisions of section thirty-eight, article VI of the
Constitution of West Virginia.
(9) The Legislature further finds that the duties imposed upon
circuit clerks by the provisions of chapters sixty-one and one
hundred eighty-two, Acts of the Legislature, 1981 regular session, and by chapter sixty, Acts of the Legislature, 1983 regular session,
constitute new and additional duties for circuit clerks and as such
justify the additional compensation provided by this section without
violating the provisions of section thirty-eight, article VI of the
Constitution of West Virginia.
(b)(1) Prior to the primary election in the year 1992, and for
the fiscal year beginning on July 1, 1992, or for any subsequent
fiscal year if the approval, set out in subdivision (2) of this
subsection, is not granted for any fiscal year, and at least thirty
days prior to the meeting to approve the county budget, the
commission shall provide notice to the public of the date and time
of the meeting and that the purpose of the meeting of the county
commission is to decide upon their budget certification to the
Auditor.
(2) Upon submission by the county commission to the Auditor of
a proposed annual budget which contains anticipated receipts into
the county's General Revenue Fund, less anticipated moneys from the
unencumbered fund balance, equal to anticipated receipts into the
county's General Revenue Fund, less anticipated moneys from the
unencumbered fund balance and any federal or state special grants,
for the immediately preceding fiscal year, plus such additional
amount as is necessary for payment of the increases in the salaries
set out in subdivisions (3) and (5) of this subsection, and related
employment taxes over that paid for the immediately preceding fiscal
year, and upon approval thereof by the Auditor, which approval shall not be granted for any proposed annual budget containing anticipated
receipts which are unreasonably greater or lesser than that of the
immediately preceding fiscal year, for the purpose of determining
the compensation to be paid to the elected county officials of each
county office by class are established and shall be used by each
county commission in determining the compensation of each of their
county officials: Provided, That as to any county having a tribunal
in lieu of a county commission, the county commissioners of the
county may be paid less than the minimum compensation limits of the
county commission for the particular class of the county.
(3) COUNTY COMMISSIONERS
Class I
Class II
Class III
Class IV
Class V
(4) If the approval, set out in subdivision (2) of this
subsection, is granted, the compensation, set out in subdivision (3)
of this subsection, shall be paid on and after January 1, 1993, to
each county commissioner. Within each county, every county
commissioner shall receive the same annual compensation by virtue of
the new duties imposed upon county commissioners pursuant to the
provisions of chapter one hundred seventy-two, Acts of the
Legislature, second regular session, 1990 and chapter five, Acts of
the Legislature, third extraordinary session, 1990.
(5) OTHER ELECTED OFFICIALS
County
Sheriffassessor
Class I
Class II
Class III
Class IV
Class V
Class VI
(6) Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff and
prosecuting attorney of a Class I county, any assessor of a Class II
and Class III county, any sheriff of a Class II and Class III county
and any prosecuting attorney of a Class II county shall devote full-
time to his or her public duties to the exclusion of any other
employment: Provided, That any public official, whose term of
office begins when his or her county's classification imposes no
restriction on his or her outside activities, shall not be
restricted on his or her outside activities during the remainder of
the term for which he or she is elected. If the approval, set out
in subdivision (2) of this subsection, is granted, the compensation,
set out in subdivision (5) of this subsection, shall be paid on and
after January 1, 1993, to each elected county official.
(7) In the case of a county that has a joint clerk of the
county commission and circuit court, the compensation of the joint clerk shall be fixed in an amount twenty-five percent higher than
the compensation would be fixed for the county clerk if it had
separate offices of county clerk and circuit clerk.
(8) Prior to the primary election in the year 1992, in the case
of a Class III, Class IV or Class V county which has a part-time
prosecuting attorney, the county commission may find that such facts
and circumstances exist that require the prosecuting attorney to
devote full-time to his or her public duties for the four-year term,
beginning January 1, 1993. If the county commission makes such a
finding, it may by proper order adopted and entered, require the
prosecuting attorney who takes office on January 1, 1993, to devote
full-time to his or her public duties and the county commission
shall then compensate said prosecuting attorney at the same rate of
compensation as that of a prosecuting attorney in a Class II county.
(9) For any county: (A) Which on and after July 1, 1994, is
classified as a Class II county; and (B) which prior to such date
was classified as a Class III, Class IV or Class V county and
maintained a part-time prosecuting attorney, the county commission
may elect to maintain the prosecuting attorney as a part-time
prosecuting attorney: Provided, That prior to January 1, 1996, the
county commission shall make a finding, by proper order and entered,
whether to maintain a full-time or part-time prosecuting attorney.
The part-time prosecuting attorney shall be compensated at the same
rate of compensation as that of a prosecuting attorney in the class
for the county prior to being classified as a Class II county.
(c)(1) Prior to the primary election in the year 1996, and for
the fiscal year beginning on July 1, 1996, or for any subsequent
fiscal year if the approval, set out in subdivision (2) of this
subsection, is not granted for any fiscal year, and at least thirty
days prior to the meeting to approve the county budget, the
commission shall provide notice to the public of the date and time
of the meeting and that the purpose of the meeting of the county
commission is to decide upon their budget certification to the
Auditor.
(2) Upon submission by the county commission to the Auditor of
a proposed annual budget which contains anticipated receipts into
the county's General Revenue Fund, less anticipated moneys from the
unencumbered fund balance, equal to anticipated receipts into the
county's General Revenue Fund, less anticipated moneys from the
unencumbered fund balance and any federal or state special grants,
for the fiscal year beginning July 1, 1996, plus such additional
amount as is necessary for payment of the increases in the salaries
set out in subdivisions (3) and (6) of this subsection, and related
employment taxes over that paid for the immediately preceding fiscal
year, and upon approval thereof by the Auditor, which approval shall
not be granted for any proposed annual budget containing anticipated
receipts which are unreasonably greater or lesser than that of the
immediately preceding fiscal year for the purpose of determining the
compensation to be paid to the elected county officials of each
county office by class are established and shall be used by each county commission in determining whether county revenues are
sufficient to pay the compensation mandated herein for their county
officials: Provided, That as to any county having a tribunal in
lieu of a county commission, the county commissioners of the county
may be paid less than the minimum compensation limits of the county
commission for the particular class of the county: Provided,
however, That should there be an insufficient projected increase in
revenues to pay the increased compensation and related employment
taxes, then the compensation of that county's elected officials
shall remain at the level in effect at the time certification was
sought.
(3) COUNTY COMMISSIONERS
Class I$28,000
Class II$27,500
Class III$27,000
Class IV$26,500
Class V$26,000
Class VI$21,500
Class VII$21,000
Class VIII$19,000
Class IX$18,500
Class X$15,000
(4) The compensation, set out in subdivision (3) of this
subsection, shall be paid on and after January 1, 1997, to each
county commissioner. Every county commissioner in each county, whose term of office commenced prior to or on or after January 1,
1997, shall receive the same annual compensation by virtue of
legislative findings of extra duties as set forth in section one of
this article.
(5) For the purpose of determining the compensation to be paid
to the elected county officials of each county, the compensations
for each county office by class, set out in subdivision (6) of this
subsection, are established and shall be used by each county
commission in determining the compensation of each of their county
officials other than compensation of members of the county
commission.
(6) OTHER ELECTED OFFICIALS
CountyCircuit
Sheriff Clerk ClerkassessorAttorney
Class I$34,000$42,000$42,000$34,000$76,000
Class II$33,500$41,500$41,500$33,500$74,000
Class III$33,250$40,500$40,500$33,250$72,000
Class IV$33,000$40,250$40,250$33,000$70,000
Class V$32,750$40,000$40,000$32,750$68,000
Class VI$32,500$37,500$37,500$32,500$45,000
Class VII$32,250$37,000$37,000$32,250$43,000
Class VIII$32,000$36,500$36,500$32,000$41,000
Class IX$31,750$36,000$36,000$31,750$38,000
Class X$29,000$32,000$32,000$29,000$35,000
(7) The compensation, set out in subdivision (6) of this subsection, shall be paid on and after January 1, 1997, to each
elected county official. Any county clerk, circuit clerk, joint
clerk of the county commission and circuit court, if any, county
assessor or sheriff of a Class I through Class V county, inclusive,
any assessor or any sheriff of a Class VI through Class IX county,
inclusive, shall devote full-time to his or her public duties to the
exclusion of any other employment: Provided, That any public
official, whose term of office begins when his or her county's
classification imposes no restriction on his or her outside
activities, shall not be restricted on his or her outside activities
during the remainder of the term for which he or she is elected.
(8) In the case of a county that has a joint clerk of the
county commission and circuit court, the compensation of the joint
clerk shall be fixed in an amount twenty-five percent higher than
the compensation would be fixed for the county clerk if it had
separate offices of county clerk and circuit clerk.
(9) Any prosecuting attorney of a Class I through Class V
county, inclusive, shall devote full-time to his or her public
duties to the exclusion of any other employment: Provided, That any
county which under the prior provisions of this section was
classified as a Class II county and elected to maintain a part-time
prosecutor may continue to maintain a part-time prosecutor, until
such time as the county commission, on request of the part-time
prosecutor, approves and makes a finding, by proper order entered,
that the prosecuting attorney shall devote full-time to his or her public duties. The county commission shall then compensate said
prosecuting attorney at the same rate of compensation as that of a
prosecuting attorney in a Class V county: Provided, however, That
any county which under the prior provisions of this section was
classified as a Class II county and which did not elect to maintain
a part-time prosecutor shall maintain a full-time prosecuting
attorney and shall compensate said prosecuting attorney at the same
rate of compensation as that of a prosecuting attorney in a Class V
county: Provided further, That, until January 1, 2001, when a
vacancy occurs in the office of prosecuting attorney prior to the
end of a term, the county commission of a Class IV or Class V county
may elect to allow the position to become part-time for the end of
that term, and thereafter the position of prosecuting attorney shall
become full-time.
(d)(1) The increased salaries to be paid to the county
commissioners and the other elected county officials described in
this subsection on and after July 1, 2002, are set out in
subdivisions (5) and (7) of this subsection. Every county
commissioner and elected county official in each county, whose term
of office commenced prior to or on or after July 1, 2002, shall
receive the same annual salary by virtue of legislative findings of
extra duties as set forth in section one of this article.
(2) Before the increased salaries, as set out in subdivisions
(5) and (7) of this subsection, are paid to the county commissioners
and the elected county officials, the following requirements must be met:
(A) The Auditor has certified that the proposed annual county
budget for the fiscal year beginning the first days of July, 2002,
has increased over the previous fiscal year in an amount sufficient
for the payment of the increase in the salaries, set out in
subdivisions (5) and (7) of this subsection, and the related
employment taxes: Provided, That the Auditor may not approve the
budget certification for any proposed annual county budget
containing anticipated receipts which are unreasonably greater or
lesser than that of the previous year. For purposes of this
subdivision, the term "receipts" does not include unencumbered fund
balance or federal or state grants; and
(B) Each county commissioner or other elected official
described in this subsection in office on the effective date of the
increased salaries provided by this subsection who desires to
receive the increased salary has prior to that date filed in the
office of the clerk of the county commission his or her written
agreement to accept the salary increase. The salary for the person
who holds the office of county commissioner or other elected
official described in this subsection who fails to file the written
agreement as required by this paragraph shall be the salary for that
office in effect immediately prior to the effective date of the
increased salaries provided by this subsection until the person
vacates the office or his or her term of office expires, whichever
first occurs.
(3) If there is an insufficient projected increase in revenues
to pay the increased salaries and the related employment taxes, then
the salaries of that county's elected officials and commissioners
shall remain at the level in effect at the time certification was
sought.
(4) In any county having a tribunal in lieu of a county
commission, the county commissioners of that county may be paid less
than the minimum salary limits of the county commission for that
particular class of the county.
(5) COUNTY COMMISSIONERS
Class I
Class II
Class III
Class IV
Class V
Class VI
Class VII
Class VIII
Class IX
Class X
(6) For the purpose of determining the salaries to be paid to
the elected county officials of each county, the salaries for each
county office by class, set out in subdivision (7) of this
subsection, are established and shall be used by each county
commission in determining the salaries of each of their county officials other than salaries of members of the county commission.
(7) OTHER ELECTED OFFICIALS
County
Sheriff
Class I
Class II
Class III
Class IV
Class V
Class VI$41,250$35,750$49,500
Class VII
Class VIII
Class IX
Class X
(8) Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor or sheriff of
a Class I through Class V county, inclusive, any assessor or any
sheriff of a Class VI through Class IX county, inclusive, shall
devote full-time to his or her public duties to the exclusion of any
other employment: Provided, That any public official, whose term of
office begins when his or her county's classification imposes no
restriction on his or her outside activities, may not be restricted
on his or her outside activities during the remainder of the term
for which he or she is elected.
(9) In the case of a county that has a joint clerk of the county commission and circuit court, the salary of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
salary would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
(10) Any prosecuting attorney of a Class I through Class V
county, inclusive, shall devote full-time to his or her public
duties to the exclusion of any other employment: Provided, That any
county which under the prior provisions of this section was
classified as a Class II county and elected to maintain a part-time
prosecutor may continue to maintain a part-time prosecutor, until
such time as the county commission, on request of the part-time
prosecutor, approves and makes a finding, by proper order entered,
that the prosecuting attorney shall devote full-time to his or her
public duties. The county commission shall then compensate said
prosecutor at the same salary as that of a prosecuting attorney in
a Class V county: Provided, however, That any county which under
the prior provisions of this section was classified as a Class II
county and which did not elect to maintain a part-time prosecutor
shall maintain a full-time prosecuting attorney and shall compensate
said prosecuting attorney at the same salary as that of a
prosecuting attorney in a Class V county: Provided further, That,
until January 1, 2003, when a vacancy occurs in the office of
prosecuting attorney prior to the end of a term, the county
commission of a Class IV or Class V county may elect to allow the
position to become part-time for the end of that term and thereafter the position of prosecuting attorney shall become full-time: And
provided further, That a prosecuting attorney for a Class VI county
which subsequently becomes a Class V county on or before July 1,
2010, may continue as a part-time attorney, and continue to be
compensated at the Class VI county level, until such time as
determined by the prosecuting attorney and the county commission
that a full-time prosecuting attorney is needed.
(e) (1) The increased salaries to be paid to the county
commissioners and the other elected county officials described in
this subsection on and after July 1, 2006, are set out in
subdivisions (5) and (7) of this subsection. Every county
commissioner and elected county official in each county, whose term
of office commenced prior to or on or after July 1, 2006, shall
receive the same annual salary by virtue of legislative findings of
extra duties as set forth in section one of this article.
(2) Before the increased salaries, as set out in subdivisions (5) and (7) of this subsection, are paid to the county commissioners and the elected county officials, the following requirements must be met:
(A) The Auditor has certified that the proposed annual county budget for the fiscal year beginning the first days of July, 2006, has increased over the previous fiscal year in an amount sufficient for the payment of the increase in the salaries, set out in subdivisions (5) and (7) of this subsection, and the related employment taxes: Provided, That the Auditor may not approve the budget certification for any proposed annual county budget containing anticipated receipts which are unreasonably greater or lesser than that of the previous year. For purposes of this subdivision, the term "receipts" does not include unencumbered fund balance or federal or state grants; and
(B) Each county commissioner or other elected official described in this subsection in office on the effective date of the increased salaries provided by this subsection who desires to receive the increased salary has prior to that date filed in the office of the clerk of the county commission his or her written agreement to accept the salary increase. The salary for the person who holds the office of county commissioner or other elected official described in this subsection who fails to file the written agreement as required by this paragraph shall be the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this subsection until the person vacates the office or his or her term of office expires, whichever first occurs.
(3) If there is an insufficient projected increase in revenues to pay the increased salaries and the related employment taxes, then the salaries of that county's elected officials and commissioners shall remain at the level in effect at the time certification was sought.
(4) In any county having a tribunal in lieu of a county commission, the county commissioners of that county may be paid less than the minimum salary limits of the county commission for that particular class of the county.
(5) COUNTY COMMISSIONERS
Class I
Class II
Class III
Class IV
Class V
Class VI
Class IX
Class X
(6) For the purpose of determining the salaries to be paid to the elected county officials of each county, the salaries for each county office by class, set out in subdivision (7) of this subsection, are established and shall be used by each county commission in determining the salaries of each of their county officials other than salaries of members of the county commission.
(7) OTHER ELECTED OFFICIALS
County
Sheriff Clerk
Class I
Class II
Class III
Class IV
Class V
Class VI
Class VII
Class VIII
Class IX
Class X
(8) Any county clerk, circuit clerk,joint clerk of the county
commission and circuit court, if any, county assessor or sheriff of
a Class I through Class V county, inclusive, any assessor or any
sheriff of a Class VI through Class IX county, inclusive, shall
devote full-time to his or her public duties to the exclusion of any
other employment: Provided, That any public official, whose term of
office begins when his or her county's classification imposes no
restriction on his or her outside activities, may not be restricted
on his or her outside activities during the remainder of the term
for which he or she is elected.
(9) In the case of a county that has a joint clerk of the
county commission and circuit court, the salary of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
salary would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
(10) (9) Any prosecuting attorney of a Class I through Class V
county, inclusive, shall devote full-time to his or her public
duties to the exclusion of any other employment: Provided, That any county which under the prior provisions of this section was
classified as a Class II county and elected to maintain a part-time
prosecutor may continue to maintain a part-time prosecutor, until
such time as the county commission, on request of the part-time
prosecutor, approves and makes a finding, by proper order entered,
that the prosecuting attorney shall devote full-time to his or her
public duties. The county commission shall then compensate said
prosecutor at the same salary as that of a prosecuting attorney in
a Class V county: Provided, however, That any county which under
the prior provisions of this section was classified as a Class II
county and which did not elect to maintain a part-time prosecutor
shall maintain a full-time prosecuting attorney and shall compensate
said prosecuting attorney at the same salary as that of a
prosecuting attorney in a Class V county: Provided further, That
a prosecuting attorney for a Class VI county which subsequently
becomes a Class V county on or before July 1, 2010, may continue as
a part-time attorney, and continue to be compensated at the Class VI
county level, until such time as determined by the prosecuting
attorney and the county commission that a full-time prosecuting
attorney is needed. However, effective January 1, 2013, all county
prosecuting attorneys shall devote full-time to his or her public
duties: Provided, That any currently serving part-time prosecutor
may continue in the part-time capacity until he or she leaves
office.
For the purpose of determining the additional compensation to be paid to the county assessor of each county for the additional duties provided by section six-a of this article, the following compensations for each county assessor by class, as provided in section three of this article, are hereby established and shall be used by each county commission in determining the compensation of each county assessor; for assessors in Class I - V counties, inclusive, $15,000; for assessors in Class VI and VII counties, $10,000; for assessors in Class VIII and IX counties, $9,000; for assessors in Class X counties, $6,500.
Notwithstanding this section or any other section of the code
to the contrary, in no event shall the additional compensation paid
to the county assessors for performance of additional duties as
provided in section six-a of this article be less than the
additional compensation such county assessors received on January 1,
1976.
It shall be the duty of the county assessor andhis the
assessor's deputies of each county within the state, at the time
they are making assessment of the personal property within such
county, to assess and collect a head tax of $1 on each male or
spayed female dog and of $2 on each unspayed female dog; and in addition to the above, the assessor and his the assessor's deputies
shall have the further duty of collecting any such head tax on dogs
as may be levied by the ordinances of each and every municipality
within the county. In the event that the owner, keeper, or person
having in his or her possession or allowing to remain on any
premises under his or her control any dog above the age of six
months, shall refuse or fail to pay such tax, when the same is
assessed or within fifteen days thereafter, to the assessor or
deputy assessor, then such assessor or deputy assessor shall certify
such tax to the county dog warden; if there be no county dog warden
he or she shall certify such tax to the county sheriff, who shall
take charge of the dog for which the tax is delinquent and impound
the same for a period of fifteen days, for which service he or she
shall be allowed a fee of $1.50 to be charged against such
delinquent taxpayer in addition to the taxes herein provided for.
In case the tax and impounding charge herein provided for shall not
have been paid within the period of fifteen days, then the sheriff
may sell the impounded dog and deduct the impounding charge and the
delinquent tax from the amount received therefor, and return the
balance, if any, to the delinquent taxpayer. Should the sheriff
fail to sell the dog so impounded within the time specified herein,
he shall kill such dog and dispose of its body or she shall turn the
animal over to the local humane society or similar organization.
At the same time as the head tax is assessed, the assessor andhis the assessor's deputies shall, on the forms prescribed under section four, article twenty, chapter nineteen of this code, take
down the age, sex, color, character of hair (long or short) and
breed (if known) and the name and address of the owner, keeper or
harborer thereof. When the head tax, and extra charges, if any, are
paid, the officer to whom payment is made shall issue a certificate
of registration and a registration tag for such dog.
In addition to the assessment and registration above provided for, whenever a dog either is acquired or becomes six months of age after the assessment of the personal property of the owner, keeper or harborer thereof, the said owner, keeper or harborer of said dog shall, within ten days after the acquisition or maturation, register the said dog with the assessor, and pay the head tax thereon unless the prior owner, keeper or harborer paid the head tax.
All certificates of registration and registration tags issued pursuant to the provisions of this section shall be issued for the fiscal year and shall be valid from the date on which issued until June 30 of that fiscal year, or until reissued by the assessor orhis the assessor's deputy in the regular performance of his or her
duties, but in no case shall previous registration tags be valid
after September 30 of the next ensuing fiscal year.
The assessor collecting the head tax on dogs shall be allowed a commission of ten percent upon all such taxes collected byhim the
assessor and shall turn in to the county treasurer ninety percent of
such taxes so collected, as are levied by this section; and the
assessor shall turn over to the treasurer or other proper officer of each and every municipality within the county ninety percent of such
taxes levied by the ordinances of such municipality. All such dog
taxes, except those belonging to municipalities, shall be accredited
to the dog and kennel fund provided for in section ten, article
twenty, chapter nineteen of this code. Such dog taxes as are
collected for and turned over to municipalities shall be deposited
by the proper officer of such municipality to such fund and shall be
expended in such manner as the law of such municipality may provide.
All taxes on dogs not collected by the assessor shall be collected
by the regular tax collecting officer of the county and placed to
the credit of the dog and kennel fund.
The county clerk, circuit clerk,joint clerk of the county
commission and circuit court, if any, sheriff, county assessor and
prosecuting attorney, by and with the advice and consent of the
county commission, may appoint and employ, to assist them in the
discharge of their official duties for and during their respective
terms of office, assistants, deputies and employees. The county
clerk may designate one or more of his or her assistants as
responsible for all probate matters.
The county clerk, circuit clerk,joint clerk of the county
commission and circuit court, if any, sheriff, county assessor and
prosecuting attorney shall, prior to March 2 of each year, file with
the county commission a detailed request for appropriations for anticipated or expected expenditures for their respective offices,
including the compensation for their assistants, deputies and
employees, for the ensuing fiscal year.
The county commission shall, prior tothe twenty-ninth day of
March 29 of each year by order fix the total amount of money to be
expended by the county for the ensuing fiscal year, which amount
shall include the compensation of county assistants, deputies and
employees. Each county commission shall enter its order upon its
county commission record.
The county clerk, circuit clerk,joint clerk of the county
commission and circuit court, if any, sheriff, county assessor and
prosecuting attorney shall then fix the compensation of their
assistants, deputies and employees based on the total amount of
money designated for expenditure by their respective offices by the
county commission and the amount expended shall not exceed the total
expenditure designated by the county commission for each office.
The county officials, in fixing the individual compensation of their assistants, deputies and employees and the county commission in fixing the total amount of money to be expended by the county, shall give due consideration to the duties, responsibilities and work required of the assistants, deputies and employees and their compensation shall be reasonable and proper.
After the county commission has fixed the total amount of money to be expended by the county for the ensuing fiscal year and after each county official has fixed the compensation of each of his or her assistants, deputies and employees, as provided in this section, each county official shall file prior to June 30, with the clerk of the county commission, a budget statement for the ensuing fiscal year setting forth the name, or the position designation if then vacant, of each of his or her assistants, deputies and employees, the period of time for which each is employed, or to be employed if the position is then vacant, and his or her monthly or semimonthly compensation.
All budget statements required to be filed by this section shall be verified by an affidavit by the county official making them. Among other things contained in the affidavit shall be the statement that the amounts shown in the budget statement are the amounts actually paid or intended to be paid to the assistants, deputies and employees without rebate, and without any agreement, understanding or expectation that any part thereof shall be repaid to him or her, and that, prior to the time the affidavit is made, nothing has been paid or promised him or her on that account, and that if he or she shall thereafter receive any money, or thing of value, on account thereof, he or she will account for and pay the same to the county. Until the statements required by this section have been filed, no allowance or payments shall be made to any county official or their assistants, deputies and employees.
Each county official named in this section shall have the authority to discharge any of his or her assistants, deputies or employees by filing with the clerk of the county commission a discharge statement specifying the discharge action: Provided, That no deputy sheriff appointed pursuant to the provisions of article fourteen, chapter seven of this code, shall be discharged contrary to the provisions of that article.
§7-7-7a. Limit of budget expenditures.
(a) No county clerk, circuit clerk,joint clerk of the county
commission and circuit court, if any, sheriff, county assessor or
prosecuting attorney may, without the approval of the county
commission, spend or obligate, before the end of the calendar year,
more than fifty percent of the funds allocated for his or her office
in the fiscal year budget, in any fiscal year where the person
holding the office is leaving office due to either resignation or
the results of an election.
(b) As used in subsection (a) of this section, "spend or obligate" includes, but is not limited to, increasing employee salaries to a level that would create a deficit in the budget if paid during the remainder of the fiscal year in addition to other anticipated expenditures.
§7-7-9. Procedure for payment of compensation.
The compensation of the county clerk, circuit clerk,joint
clerk of the county and circuit court, if any, sheriff, county
assessor, prosecuting attorney, and their assistants, deputies and
employees shall be paid monthly or semimonthly by the county court,
which compensation shall be paid out of the county treasury in the
manner prescribed by law.
The countycourt commission, after the filing of the budget
statement specified in section seven of this article, may, by order
of record, authorize and order a draft on the county treasurer,
payable out of the general county fund, to be drawn in favor of the
county official, assistant, deputy or employee named in this
statement, in payment of the compensation to which the person is
entitled.
The draft shall not be issued to the county official, assistant, deputy or employee until the proper county official has filed a detailed monthly or semimonthly statement with the county treasurer and has filed with the county clerk a duplicate copy of the monthly or semimonthly statement, together with a receipt from the county treasurer, showing that the person to be paid has paid into the county treasury all moneys belonging to the county that have been collected by him or her during that pay period as shown by the monthly or semimonthly statement.
When the order for the draft has been entered of record, the president and clerk of the county court shall be authorized to issue and approve by their signature the draft.
§7-7-11. Illegal orders for compensation.
If any clerk shall issue and deliver a draft to any county clerk, circuit clerk,joint clerk of the county and circuit court,
if any, sheriff, county assessor, prosecuting attorney, or any of
their assistants, deputies or employees, in payment of their
compensation, without all the applicable requirements of this article being complied with, the draft so issued and delivered shall
be illegal and invalid. The clerk and the sureties on his or her
bond shall be liable to the county court commission of his or her
county for the payment thereof.
§7-7-12. Sharing compensation prohibited.
No county official shall receive or be paid, directly or indirectly, any part of the compensation of any assistant, deputy or employee, or any fee or reward for appointing him or her to his or her position. No member of a countycourt commission shall receive
or be paid, directly or indirectly, any part of the compensation of
any other county officer named in this article, or of any county
assistant, deputy or employee. If any county commissioner or county
official violates the provisions of this section, he or she shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not more than $500, or imprisoned in the county jail not more
than one year, or both fined and imprisoned. Any county
commissioner or county official so convicted shall forfeit his or
her office.
§7-7-13. Allowance for expenses of sheriff.
The county commission of every county having a population of
thirty thousand or less as determined by the latest official census
available and which, as provided in section two-a, article eight of
this chapter, has directed the sheriff as jailer to feed prisoners
shall, in addition to his or her compensation, allow to the sheriff
for keeping and feeding each prisoner, other than federal prisoners
or prisoners held under civil process as provided by law, not more than $5 per day for each prisoner.
The limitation per day shall not include cost of personal service, bed or bedding, soaps and disinfectants and items of like kind, the cost of which shall be paid out of the allowance fixed by the county commission under the provisions of present law.
All supplies of whatever kind for keeping and feeding prisoners shall be purchased upon the requisition of the sheriff under rules prescribed by the county commission. At the end of each month the sheriff shall file with the county commission a detailed statement showing the name of each prisoner, date of commitment, date of discharge, the number of days in jail and an itemized statement showing each purchase and the cost for keeping and feeding prisoners.
The county commission of every county shall allow the actual and necessary expenses incurred by the sheriff in the discharge of his or her duties including, but not limited to, those incurred in arresting, pursuing or transporting persons accused or convicted of crimes and offenses; in the cost of law-enforcement and safety equipment; in conveying or transporting a prisoner from and to jail to participate in court proceedings; and in conveying or transferring any person to or from any state institution where he or she may be committed from his or her county, where the sheriff is authorized to convey or transfer the person: Provided, That the law-enforcement agency that places a person under arrest shall be responsible for the person's initial transportation to a regional or county jail, except where there is a preexisting agreement between the county and the political body the other law-enforcement agency serves. Any person transported to the regional jail as provided for by the provisions of this section shall, upon conviction for the offense causing his or her incarceration, pay the reasonable costs of the transportation. The money is to be collected by the court of conviction at the current mileage reimbursement rate. The county commission shall allow the actual and necessary expenses incurred in serving summonses, notices or other official papers in connection with the sheriff's office.
Every sheriff shall file monthly, under oath, an accurate account of all the actual and necessary expenses incurred by him or her, his or her deputies, assistants and employees in the performance and discharge of their official duties supported by verified accounts before reimbursement thereof shall be allowed by the county commission. Reimbursement, properly allowed, shall be made from the general county fund.
The countycourt commission of each county is authorized, at
its discretion, to expend from the general county fund, upon request
and requisition by the sheriff of the county, the necessary and
proper travel expenses, per diem allowance of not less than $3.50
per day and tuition expenses for the training of the sheriff and his
or her deputies of the county in the performance of their duties, as
sheriff and deputy. at any training school or academy available
therefor located in this state.
§7-7-15. Allowance for expenses of prosecuting attorney.
In addition to his or her compensation, the prosecuting attorney and his or her assistants shall be reimbursed for actual traveling expenses within the state in the performance of their official duties, and when out of the state for the purpose of taking depositions in cases in which other counsel is not employed by the court under section one, article three, chapter sixty-two of this code, which expenses shall be duly itemized and verified, and shall, if found correct, be allowed by the countycourt commission and be
paid monthly out of the general county fund.
§7-7-16. Mileage allowance for county officials and employees.
The county commission of each county shall allow to each county official and to their deputies, assistants and employees, when they are required to drive their personally owned vehicles in the actual performance and discharge of their official duties, reimbursement at a uniform rate for all individuals, not to exceed the rate set by
the commissioner of finance and administration for state employees
as approved by the county commission.
Every county official shall file monthly, under oath, a full and accurate account of all the actual mileage driven by him or her, his or her deputies, assistants and employees, in the performance and discharge of their official duties supported by verified accounts before reimbursement thereof shall be allowed by the county commission. Reimbursement, properly allowed, shall be made from the general county fund.
§7-7-16a. Motor vehicles owned by the county.
The sheriff of each county and his or her deputies who are engaged in law-enforcement activities may, in the discretion of the sheriff, usepublicly provided carriage a motor vehicle owned by the
county to travel from his or her residence to his or her workplace
and return. Any other county official or employee may, or may not,
in the discretion of the county commission, be furnished with the
use of publicly provided carriage a motor vehicle owned by the
county to travel from his or her residence to his or her workplace
and return: Provided, That such usage is subject to the supervision
of said sheriff or commission and is directly connected with and
required by the nature and in the performance of such sheriff's,
deputy's, county official or employee's duties and responsibilities.
§7-7-20. Penalties.
If any county clerk, circuit clerk,joint clerk of any county
and circuit court, sheriff, county assessor or prosecuting attorney
fail to file the detailed request for appropriations or the budget
statement as provided in section seven of this article or fail to
file the monthly or semimonthly statement as provided in section
nine of this article or fail to file the statement of expenditures
as provided for in section seventeen of this article, or if any
county clerk, circuit clerk, joint clerk of any county and circuit
court, sheriff, county assessor, prosecuting attorney, their
assistants, deputies or employees, fail to comply with any of the
requirements provided in this article, he or she shall, except where
another penalty is prescribed, be guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than $50 nor more than $100, or imprisoned confined in the county jail not less than thirty
days nor more than six months, or both fined and imprisoned
confined.
NOTE: The purpose of this bill generally eliminates outmoded language concerning compensation of county elected officials. The bill repeals the requirement that the compensation of county court employees be in compliance with the Economic Stabilization Act of 1970. As of January 1, 2013 all prosecuting attorneys are required to be full-time while providing an exception for those currently part-time. The bill transfers some training program responsibilities and valuation classification of property from the State Tax Commissioner to the State Auditor. The bill also authorizes the State Auditor and State Tax Commissioner to establish training programs for certain employees. The bill removes the limitations on food, lodging, registration fees and mileage on authorized training. The bill eliminates the outdated property valuations used to determine the compensation of elected county officials. The bill further permits a county sheriff to turn over an impounded dog to the local humane society instead of killing it. Additionally, the bill eliminates references to a county position that no longer exists. The bill removes the limitation of the costs for the housing and feeding of prisoners in counties having a population of thirty thousand or less.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
Bill Title: Relating generally to certain county officials
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2011-05-04 - Chapter 31, Acts, Regular Session, 2011 [SB96 Detail]
Download: West_Virginia-2011-SB96-Introduced.html
A BILL to repeal §7-7-4a and §7-7-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-7-2, §7-7-3, §7- 7-4, §7-7-6b, §7-7-6d, §7-7-7, §7-7-7a, §7-7-9, §7-7-11, §7-7- 12, §7-7-13, §7-7-14, §7-7-15, §7-7-16, §7-7-16a and §7-7-20 of said code, all relating to generally eliminating outmoded language concerning compensation of county elected officials by certain county classes; requiring all prosecuting attorneys
on January 1, 2013 to be full-time while providing an exception for those currently part time; repealing the requirement that the compensation of certain county employees be in compliance with the Economic Stabilization Act of 1970; transferring some training program responsibilities and valuation classification of property responsibilities from the state Tax Commissioner to the State Auditor; authorizing the state Tax Commissioner and State Auditor to establish training programs for certain employees; removing the limitations on food, lodging, registration fees and mileage on authorized training; eliminating the outdated property valuations used to determine the compensation of elected county officials; permitting a county sheriff to turn over an impounded dog to the local humane society instead of killing it; eliminating references to a county position that no longer exists; and removing the limitation of the costs for the housing and feeding of prisoners in counties having a population of thirty thousand or less.
Be it enacted by the Legislature of West Virginia:
That §7-7-4a and §7-7-19 of the Code of West Virginia, 1931, as amended, be repealed; and that §7-7-2, §7-7-3, §7-7-4, §7-7-6b, §7-7-6d, §7-7-7, §7-7-7a, §7-7-9, §7-7-11, §7-7-12, §7-7-13, §7-7- 14, §7-7-15, §7-7-16, §7-7-16a and §7-7-20 of said code be amended and reenacted, all to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§7-7-2. Establishment of county in-service training programs; further additional duties for prosecuting attorney in any county in excess of two hundred thousand.
There is hereby established county in-service training programs as hereinafter set forth.
The Attorney General is hereby authorized and directed to establish such in-service training programs as in his or her opinion will do most to assist the prosecuting attorneys in the performance of their duties. The Attorney General is authorized to accept any federal aid which may be made available or any financial assistance which may be available from any private nonprofit organization for the purposes of this section. The prosecuting attorney in any county having a population in excess of two hundred thousand shall also discharge the additional duties imposed upon him or her by the provisions of section thirteen-a, article five, chapter forty-nine of this code.
The State
Each of the county officials mentioned in this section, and, at his or her option, one or more of his or her assistants, deputies and employees, shall participate in the programs established under this section.
The county
§7-7-3. Classification of counties for purpose of determining compensation of elected county officials.
ClassAll ClassesAll Classes
Class I$600,000,000No Limit
Class II$450,000,000$599,999,999
Class III$200,000,000$449,999,999
Class IV$100,000,000$199,999,999
Class V$ 50,000,000$ 99,999,999
Class VI$ 15,000,000$ 49,999,999
Class VII$ 0$ 14,999,999
Minimum AssessedMaximum Assessed
Valuation of PropertyValuation of Property
ClassAll ClassesAll Classes
Class I $ 2,000,000,000 No Limit
Class II $ 1,500,000,000 $ 1,999,999,999
Class III $ 1,000,000,000 $ 1,499,999,999
Class IV $ 700,000,000 $ 999,999,999
Class V $ 600,000,000 $ 699,999,999
Class VI $ 500,000,000 $ 599,999,999
Class VII $ 400,000,000 $ 499,999,999
Class VIII $ 300,000,000 $ 399,999,999
Class IX $ 200,000,000 $ 299,999,999
Class X $ -0- $ 199,999,999
The assessed valuation of property, all classes, that shall be used as the base to determine the class of a county shall be the assessed valuation of property, all classes, of the county as certified by the county assessor, State Auditor and county clerk prior to March 29, 1996.
Prior to March 29, 1998, and each second year thereafter, the county commission of each county, shall determine if the assessed valuation of property, all classes, of the county, as certified by the county assessor, State Auditor and county clerk is within the minimum and maximum limits of a class above or below the class in which the county then is. If the county commission so determines, it shall record the new classification of the county with the State Auditor and State Tax Commissioner and record its action on its county commission record.
The classification of each county shall be subject to review by
Notwithstanding the provisions of this article, whenever any other provision of this code refers to classifications of counties for purposes of imposing any right, duty or responsibility, the classification system set forth in subsection (a) of this section shall be utilized for determining the classification of a particular county.
§7-7-4. Compensation of elected county officials and county commissioners for each class of county; effective date.
$20,000
$15,500
$14,000
$10,000
$ 7,000
$ 4,000
CircuitProsecuting
ClerkClerkassessor Attorney
Class I
$24,200$31,300$31,300$24,200$41,500
Class II
$24,200$28,000$28,000$24,200$39,500
Class III
$24,200$28,000$28,000$24,200$30,000
Class IV
$22,300$24,000$24,000$22,300$26,500
Class V$20,400
$22,000$22,000$20,400$23,500
Class VI
$17,200$17,200$17,200$17,200$17,000
$24,000
$18,600
$16,800
$12,000
$ 8,400
CircuitProsecuting
ClerkClerk
Attorney
Class I
$29,040$37,560$37,560$29,040$59,500
Class II
$29,040$33,600$33,600$29,040$59,500
Class III
$29,040$33,600$33,600$29,040$36,000
Class IV
$26,760$28,800$28,800$26,760$31,800
Class V
$24,480$26,400$26,400$24,480$28,200
Class VI
$24,480$26,400$26,400$24,480$28,200
Prosecuting
Class I$34,000$42,000$42,000$34,000$76,000
Class II$33,500$41,500$41,500$33,500$74,000
Class III$33,250$40,500$40,500$33,250$72,000
Class IV$33,000$40,250$40,250$33,000$70,000
Class V$32,750$40,000$40,000$32,750$68,000
Class VI$32,500$37,500$37,500$32,500$45,000
Class VII$32,250$37,000$37,000$32,250$43,000
Class VIII$32,000$36,500$36,500$32,000$41,000
Class IX$31,750$36,000$36,000$31,750$38,000
Class X$29,000$32,000$32,000$29,000$35,000
$30,800
$30,250
$29,700
$29,150
$28,600
$23,650
$23,100
$20,900
$20,350
$16,500
CircuitProsecuting
ClerkClerkassessorAttorney
Class I
$37,400$46,200$46,200$37,400$83,600
Class II
$36,850$45,650$45,650$36,850$81,400
Class III
$36,575$44,550$44,550$36,575$79,200
Class IV
$36,300$44,295$44,295$36,300$77,000
Class V
$36,025$44,000$44,000$36,025$74,800
Class VI
$35,750$41,250
Class VII
$35,475$40,700$40,700$35,475$47,300
Class VIII
$35,200$40,150$40,150$35,200$45,100
Class IX
$34,925$39,600$39,600$34,925$41,800
Class X
$31,900$35,200$35,200$31,900$38,500
(2) Before the increased salaries, as set out in subdivisions (5) and (7) of this subsection, are paid to the county commissioners and the elected county officials, the following requirements must be met:
(A) The Auditor has certified that the proposed annual county budget for the fiscal year beginning the first days of July, 2006, has increased over the previous fiscal year in an amount sufficient for the payment of the increase in the salaries, set out in subdivisions (5) and (7) of this subsection, and the related employment taxes: Provided, That the Auditor may not approve the budget certification for any proposed annual county budget containing anticipated receipts which are unreasonably greater or lesser than that of the previous year. For purposes of this subdivision, the term "receipts" does not include unencumbered fund balance or federal or state grants; and
(B) Each county commissioner or other elected official described in this subsection in office on the effective date of the increased salaries provided by this subsection who desires to receive the increased salary has prior to that date filed in the office of the clerk of the county commission his or her written agreement to accept the salary increase. The salary for the person who holds the office of county commissioner or other elected official described in this subsection who fails to file the written agreement as required by this paragraph shall be the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this subsection until the person vacates the office or his or her term of office expires, whichever first occurs.
(3) If there is an insufficient projected increase in revenues to pay the increased salaries and the related employment taxes, then the salaries of that county's elected officials and commissioners shall remain at the level in effect at the time certification was sought.
(4) In any county having a tribunal in lieu of a county commission, the county commissioners of that county may be paid less than the minimum salary limits of the county commission for that particular class of the county.
$36,960
Class II
$36,300
Class III
$35,640
Class IV
$34,980
Class V
$34,320
Class VI
$28,380
Class VII$27,720
Class VIII$25,080
Class IX
$24,420
Class X
$19,800
(6) For the purpose of determining the salaries to be paid to the elected county officials of each county, the salaries for each county office by class, set out in subdivision (7) of this subsection, are established and shall be used by each county commission in determining the salaries of each of their county officials other than salaries of members of the county commission.
CircuitProsecuting
Sheriff Clerk
ClerkassessorAttorney
Class I
$44,880$55,440$55,440$44,880$ 96,600
Class II
$44,220$54,780$54,780$44,220$ 94,400
Class III
$43,890$53,460$53,460$43,890$ 92,200
Class IV
$43,560$53,154$53,154$43,560$ 90,000
Class V
$43,230$52,800$52,800$43,230$ 87,800
Class VI
$42,900$49,500$49,500$42,900$ 59,400
Class VII
$42,570$48,840$48,840$42,570$ 56,760
Class VIII
$42,240$48,180$48,180$42,240$ 54,120
Class IX
$41,910$47,520$47,520$41,910$ 50,160
Class X
$38,280$42,240$42,240$38,280$ 46,200
(8) Any county clerk, circuit clerk,
§7-7-6b. Additional compensation of assessors according to county classification.
For the purpose of determining the additional compensation to be paid to the county assessor of each county for the additional duties provided by section six-a of this article, the following compensations for each county assessor by class, as provided in section three of this article, are hereby established and shall be used by each county commission in determining the compensation of each county assessor; for assessors in Class I - V counties, inclusive, $15,000; for assessors in Class VI and VII counties, $10,000; for assessors in Class VIII and IX counties, $9,000; for assessors in Class X counties, $6,500.
§7-7-6d. Collection of head tax on dogs; duties of assessor and sheriff; registration of dogs; disposition of head tax; taxes on dogs not collected by assessor.
It shall be the duty of the county assessor and
At the same time as the head tax is assessed, the assessor and
In addition to the assessment and registration above provided for, whenever a dog either is acquired or becomes six months of age after the assessment of the personal property of the owner, keeper or harborer thereof, the said owner, keeper or harborer of said dog shall, within ten days after the acquisition or maturation, register the said dog with the assessor, and pay the head tax thereon unless the prior owner, keeper or harborer paid the head tax.
All certificates of registration and registration tags issued pursuant to the provisions of this section shall be issued for the fiscal year and shall be valid from the date on which issued until June 30 of that fiscal year, or until reissued by the assessor or
The assessor collecting the head tax on dogs shall be allowed a commission of ten percent upon all such taxes collected by
§7-7-7. County assistants, deputies and employees; their number and compensation; county budget.
The county clerk, circuit clerk,
The county clerk, circuit clerk,
The county commission shall, prior to
The county clerk, circuit clerk,
The county officials, in fixing the individual compensation of their assistants, deputies and employees and the county commission in fixing the total amount of money to be expended by the county, shall give due consideration to the duties, responsibilities and work required of the assistants, deputies and employees and their compensation shall be reasonable and proper.
After the county commission has fixed the total amount of money to be expended by the county for the ensuing fiscal year and after each county official has fixed the compensation of each of his or her assistants, deputies and employees, as provided in this section, each county official shall file prior to June 30, with the clerk of the county commission, a budget statement for the ensuing fiscal year setting forth the name, or the position designation if then vacant, of each of his or her assistants, deputies and employees, the period of time for which each is employed, or to be employed if the position is then vacant, and his or her monthly or semimonthly compensation.
All budget statements required to be filed by this section shall be verified by an affidavit by the county official making them. Among other things contained in the affidavit shall be the statement that the amounts shown in the budget statement are the amounts actually paid or intended to be paid to the assistants, deputies and employees without rebate, and without any agreement, understanding or expectation that any part thereof shall be repaid to him or her, and that, prior to the time the affidavit is made, nothing has been paid or promised him or her on that account, and that if he or she shall thereafter receive any money, or thing of value, on account thereof, he or she will account for and pay the same to the county. Until the statements required by this section have been filed, no allowance or payments shall be made to any county official or their assistants, deputies and employees.
Each county official named in this section shall have the authority to discharge any of his or her assistants, deputies or employees by filing with the clerk of the county commission a discharge statement specifying the discharge action: Provided, That no deputy sheriff appointed pursuant to the provisions of article fourteen, chapter seven of this code, shall be discharged contrary to the provisions of that article.
§7-7-7a. Limit of budget expenditures.
(a) No county clerk, circuit clerk,
(b) As used in subsection (a) of this section, "spend or obligate" includes, but is not limited to, increasing employee salaries to a level that would create a deficit in the budget if paid during the remainder of the fiscal year in addition to other anticipated expenditures.
§7-7-9. Procedure for payment of compensation.
The compensation of the county clerk, circuit clerk,
The county
The draft shall not be issued to the county official, assistant, deputy or employee until the proper county official has filed a detailed monthly or semimonthly statement with the county treasurer and has filed with the county clerk a duplicate copy of the monthly or semimonthly statement, together with a receipt from the county treasurer, showing that the person to be paid has paid into the county treasury all moneys belonging to the county that have been collected by him or her during that pay period as shown by the monthly or semimonthly statement.
When the order for the draft has been entered of record, the president and clerk of the county court shall be authorized to issue and approve by their signature the draft.
§7-7-11. Illegal orders for compensation.
If any clerk shall issue and deliver a draft to any county clerk, circuit clerk,
§7-7-12. Sharing compensation prohibited.
No county official shall receive or be paid, directly or indirectly, any part of the compensation of any assistant, deputy or employee, or any fee or reward for appointing him or her to his or her position. No member of a county
§7-7-13. Allowance for expenses of sheriff.
The limitation per day shall not include cost of personal service, bed or bedding, soaps and disinfectants and items of like kind, the cost of which shall be paid out of the allowance fixed by the county commission under the provisions of present law.
All supplies of whatever kind for keeping and feeding prisoners shall be purchased upon the requisition of the sheriff under rules prescribed by the county commission. At the end of each month the sheriff shall file with the county commission a detailed statement showing the name of each prisoner, date of commitment, date of discharge, the number of days in jail and an itemized statement showing each purchase and the cost for keeping and feeding prisoners.
The county commission of every county shall allow the actual and necessary expenses incurred by the sheriff in the discharge of his or her duties including, but not limited to, those incurred in arresting, pursuing or transporting persons accused or convicted of crimes and offenses; in the cost of law-enforcement and safety equipment; in conveying or transporting a prisoner from and to jail to participate in court proceedings; and in conveying or transferring any person to or from any state institution where he or she may be committed from his or her county, where the sheriff is authorized to convey or transfer the person: Provided, That the law-enforcement agency that places a person under arrest shall be responsible for the person's initial transportation to a regional or county jail, except where there is a preexisting agreement between the county and the political body the other law-enforcement agency serves. Any person transported to the regional jail as provided for by the provisions of this section shall, upon conviction for the offense causing his or her incarceration, pay the reasonable costs of the transportation. The money is to be collected by the court of conviction at the current mileage reimbursement rate. The county commission shall allow the actual and necessary expenses incurred in serving summonses, notices or other official papers in connection with the sheriff's office.
Every sheriff shall file monthly, under oath, an accurate account of all the actual and necessary expenses incurred by him or her, his or her deputies, assistants and employees in the performance and discharge of their official duties supported by verified accounts before reimbursement thereof shall be allowed by the county commission. Reimbursement, properly allowed, shall be made from the general county fund.
§7-7-14. Training of sheriffs and deputies; payment of expenses thereof by county commission.
The county
In addition to his or her compensation, the prosecuting attorney and his or her assistants shall be reimbursed for actual traveling expenses within the state in the performance of their official duties, and when out of the state for the purpose of taking depositions in cases in which other counsel is not employed by the court under section one, article three, chapter sixty-two of this code, which expenses shall be duly itemized and verified, and shall, if found correct, be allowed by the county
§7-7-16. Mileage allowance for county officials and employees.
The county commission of each county shall allow to each county official and to their deputies, assistants and employees, when they are required to drive their personally owned vehicles in the actual performance and discharge of their official duties, reimbursement at a uniform rate for all individuals
Every county official shall file monthly, under oath, a full and accurate account of all the actual mileage driven by him or her, his or her deputies, assistants and employees, in the performance and discharge of their official duties supported by verified accounts before reimbursement thereof shall be allowed by the county commission. Reimbursement, properly allowed, shall be made from the general county fund.
§7-7-16a. Motor vehicles owned by the county.
The sheriff of each county and his or her deputies who are engaged in law-enforcement activities may, in the discretion of the sheriff, use
§7-7-20. Penalties.
If any county clerk, circuit clerk,
NOTE: The purpose of this bill generally eliminates outmoded language concerning compensation of county elected officials. The bill repeals the requirement that the compensation of county court employees be in compliance with the Economic Stabilization Act of 1970. As of January 1, 2013 all prosecuting attorneys are required to be full-time while providing an exception for those currently part-time. The bill transfers some training program responsibilities and valuation classification of property from the State Tax Commissioner to the State Auditor. The bill also authorizes the State Auditor and State Tax Commissioner to establish training programs for certain employees. The bill removes the limitations on food, lodging, registration fees and mileage on authorized training. The bill eliminates the outdated property valuations used to determine the compensation of elected county officials. The bill further permits a county sheriff to turn over an impounded dog to the local humane society instead of killing it. Additionally, the bill eliminates references to a county position that no longer exists. The bill removes the limitation of the costs for the housing and feeding of prisoners in counties having a population of thirty thousand or less.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.