Judges: WILLIAM L. WEBSTER
Filed Date: 10/30/1987
Status: Precedential
Modified Date: 7/5/2016
Dear Senator Merrell:
This opinion letter is in response to your questions concerning Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 65, 133, 178, 216 231, 84th General Assembly, First Regular Session. The questions you posed are as follows:
Assuming that the salary commission does set salaries in such a way that the percentage would result in collectors receiving a reduction in present compensation, does Section 7.9 of the bill pertain to county collectors as well as all other county officers? Secondly, if the compensation as set forth in Senate Bill No. 65, et al, results in a reduction of compensation for county collectors, would other provisions of state law dictate that such compensation cannot be decreased during the county officers current term?
Section 7.6 of this bill provides:
At its meeting in 1987, the salary commission shall determine the compensation to be paid to every county officer holding office on January 1, 1988. At any meeting in following years, the salary commission shall determine the compensation to be paid to every county officer until the next meeting of the salary commission.
Section 7.9 provides:
The provisions of this section shall not require or permit a reduction in the amount of compensation received by any person holding office as of the effective date of this section.
Section 7.9 of the bill does pertain to county collectors as well as other county officers. The "section" referred to in Section 7.9 is Section 7 which has been codified as Section
The salary commission's authority is, however, limited by subsection 9 of Section 7 which prevents the reduction of compensation "received by any person holding office as of the effective date of this section" which includes county collectors.
In addition to the above-cited subsection 9 of Section 7 which specifically prohibits the reduction of compensation for county officers, there is case law that indicates such compensation may not be reduced. In State ex rel. Emmons v.Farmer,
The compensation of state, county and municipal officers shall not be increased during the term of office; nor shall the term of any officer be extended.
The validity of the courts' statements in the above-cited cases that this constitutional provision prohibits both an increase or decrease of compensation is, however, open to question since the Constitution itself refers only to increasing compensation. In addition, the St. Louis Court of Appeals in Lycett v. Wolff,
A related question is the time period during which the amount of a county officer's compensation may not be reduced. The constitutional provision refers to "term of office" of county officers. The phrase "term of office" has been interpreted to mean the statutory length of time for the term of the particular office, whether the actual holder of that office changes during the term or not. State ex rel. Emmons v.Farmer, supra. Section 7.9 of the instant bill, however, refers not to compensation received during a term of office but compensation received "by any person holding office as of the effective date of this section." An individual may, of course, hold office longer than a single term. It would initially appear that an individual's salary as a county officer may not be decreased so long as that individual holds that office, regardless of how long or how many terms that individual remains in office after the effective date of Section 7.9.
Given this interpretation, compensation would then relate to a particular individual rather than the office or term of office. As such, a collector presently being paid more than the maximum amount authorized in this bill would continue to be paid that amount for each successive term of office, while a collector with similar responsibilities in a county of approximately the same assessed valuation who is elected to that office subsequent to the effective date of this bill would be paid a salary no higher than that set pursuant to the bill. It seems unlikely that the legislature would design a system whereby similarly-situated officers would be receiving significantly different compensation for the same or similar employment and that such disparity of compensation would continue indefinitely until such time as those individuals holding office at the effective date of this legislation would leave office.
In addition, it seems illogical that the legislature would provide the compensation of county collectors to be as set forth in Section
Legislation is not to be interpreted so as to reach an absurd or unreasonable result. Brown Group, Inc. v. AdministrativeHearing Commission,
The apparent and reasonable intent of the legislature is that county collectors be compensated in accordance with the standards set forth in Section
The final issue concerns the computation of the amount of compensation to which the county collector is entitled if subsection 9 of Section 7 applies. Some county collectors are compensated on a commission basis. See Sections
It is the opinion of this office that the compensation received by a county collector may not be decreased by virtue of the enactment of this bill during the present term of office of the county collector. At the expiration of this term of office, the provisions of Section
Very truly yours,
WILLIAM L. WEBSTER Attorney General