HOUSE BILL NO. 345
INTRODUCED BY J. MANGAN, BECK, GOLIE, HARGROVE, TOOLE, WANZENRIED
AN ACT PROVIDING COUNTIES WITH THE AUTHORITY TO ESTABLISH SALARIES FOR COUNTY OFFICERS; INCLUDING A JUSTICE OF THE PEACE AS A COUNTY OFFICER; REVISING THE BASE SALARY FOR COUNTY ATTORNEYS; ESTABLISHING A COUNTY COMPENSATION BOARD TO MAKE RECOMMENDATIONS TO THE COUNTY COMMISSIONERS FOR ANNUAL SALARY ADJUSTMENTS; PROVIDING FACTORS TO BE CONSIDERED IN MAKING A RECOMMENDATION; PROVIDING THAT A COUNTY OFFICER'S SALARY MAY NOT BE REDUCED BY A RECOMMENDATION; CLARIFYING THAT THE DEPARTMENT OF JUSTICE IS NOT OBLIGATED TO PROVIDE MORE THAN THE AMOUNT APPROPRIATED TO IT FOR THE STATE'S SHARE OF COUNTY ATTORNEY SALARIES; AMENDING SECTIONS 3-10-207, 7-4-2107, 7-4-2503, 7-4-2504, 7-4-2706, 7-14-2126, 41-5-1704, AND 41-5-1705, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 3-10-207, MCA, is amended to read:
"3-10-207. Salaries. (1) The board of county commissioners shall set
salaries for justices of the peace by resolution and may, for all or the
remainder of each fiscal year, in conjunction with setting salaries for other
officers as provided in 7-4-2504(1), set their salaries at the prior fiscal year
level if that does not result in a reduction in salary. Salaries must meet the
minimum requirements established by this section.
(2) If the salary of the justice of the peace was determined on a fee basis
for the years 1971 and 1972, he shall receive a monthly salary of not less than
one-eighteenth of the total fees, civil and criminal, collected by the justice or
his predecessor in office during the 2 years 1971 and 1972.
(3) If the salary of the justice of the peace was determined on a nonfee
basis for the years 1971 and 1972, the justice shall be paid not less than the
highest salary earned by the justice or his predecessor for the years 1971 and
1972.
(4)(2) The salary of the justice of the peace may not be less than the salary
for the district clerk of the court in that county, except as provided for in
subsections (1) and (5).
(5)(3) In the event his If the justice's court is not open for business full
time, the justice's salary shall must be commensurate to the workload and
office hours of the court. The salary of a justice of the peace may not be
reduced during the justice's term of office."
Section 2. Section 7-4-2107, MCA, is amended to read:
"7-4-2107. Compensation of county commissioners. (1) Except as
provided in subsection (3), each Subject to subsection (2), each member of
the board of county commissioners in counties of the first, second, third, and
fourth class shall receive an annual salary equal to the annual salary
established in 7-4-2503 for the clerk and recorder plus $2,000. However, the
county commissioners may, for all or the remainder of each fiscal year, in
conjunction with setting salaries for other officers as provided in 7-4-2504(1),
set their salaries at the prior fiscal year level if that level is lower than the
level required by this subsection.
(2) Each member of the board in all other counties may elect to serve on a
part-time rather than a full-time basis and receive an part-time annual salary
equal to salaries based on the annual salary established in 7-4-2503(1)(a)(ii)
for the clerk and recorder or a salary at a per-day rate determined by using the
salary established in 7-4-2503(1)(a)(ii) for the clerk and recorder. However,
the county commissioners may, for all or the remainder of each fiscal year, in
conjunction with setting salaries for other officers as provided in 7-4-2504(1),
set their salaries at the prior fiscal year level if that level is lower than the
level required by this subsection. The salary determined by the board must
apply uniformly to all board members.
(3) Each member of the board of fourth-class counties may receive a
salary at a daily rate determined by using the salary established in subsection
(1). If a daily rate is used, then all board members must be paid on that basis.
(4)(3) This section does not apply to counties that have adopted a charter
form of government."
Section 3. Section 7-4-2503, MCA, is amended to read:
"7-4-2503. (Temporary) Salary schedule for certain county officers --
county compensation board. (1) (a) The salary paid to the county treasurer,
county clerk and recorder, clerk of the district court, county assessor, county
superintendent of schools, county sheriff, county surveyor in counties where
county surveyors receive salaries as provided in 7-4-2812, justice of the
peace, and county auditor in all counties where the office is authorized must
be established by the county governing body at no less than 80% of the annual
base salary of:
(i) $25,000 for counties of the first through fifth class added to the
population increment of $10 for each 100 persons or major fraction of 100
persons included in the county's population as determined by the 1990 federal
decennial census; or
(ii) $18,000 for counties of the sixth and seventh class added to the
population increment of $10 for each 100 persons or major fraction of 100
persons in the county's population as determined by the 1990 federal
decennial census based upon the recommendations of the county
compensation board provided for in subsection (4).
(b) The annual base salary established by the county governing body in
subsection (1)(a) must be uniform for all county officers referred to in
subsection (1)(a).
(2) (a) An elected county superintendent of schools must receive, in addition to the salary based upon subsection (1), the sum of $400 a year, except that an elected county superintendent of schools who holds a master of arts degree or a master's degree in education, with an endorsement in school administration, from a unit of the Montana university system or an equivalent institution may, at the discretion of the county commissioners, receive, in addition to the salary based upon subsection (1), up to $2,000 a year.
(b) The county sheriff must receive, in addition to the salary based upon subsection (1), the sum of $2,000 a year.
(c) The county sheriff must receive a longevity payment amounting to 1%
of the base salary set forth in determined under subsection (1) for each year of
service with the sheriff's department, but years of service during any year in
which the salary was set at the level of the salary of the prior fiscal year may
not be included in any calculation of longevity increases. The additional
salary amount provided for in this subsection may not be included in the base
salary for purposes of computing the compensation for undersheriffs and
deputy sheriffs as provided in 7-4-2508.
(3) (a) In each county with a population in excess of 30,000, the county
attorney must be a full-time official under 7-4-2704, and the base salary is
$50,000 a year, subject to adjustment as provided in subsection (3)(c). In
counties with a population less than 30,000, the county attorney who is a
part-time official for a county of the first, second, or third class is entitled to
receive an annual base base salary equal to 60% of the annual salary of a
full-time county attorney the salary received for the fiscal year ending June
30, 2001. A county attorney who is a part-time official for a county of the
fourth, fifth, sixth, or seventh class is entitled to receive an annual base salary
equal to 50% of the annual base salary of a full-time county attorney.
(b) In those counties where the office of the county attorney has been
established as a full-time position pursuant to 7-4-2706, the base salary of the
county attorney is the same as the base salary established for full-time county
attorneys in subsection (3)(a).
(c) On August 1 of each year, each Each county attorney is entitled to an
increase in salary calculated by adding to the annual salary a percentage of up
to 100% of the previous calendar year's consumer price index for all urban
consumers, U.S. department of labor, bureau of labor statistics, or other index
that the bureau of business and economic research of the university of
Montana-Missoula may in the future recognize as the successor to that index
based upon the schedule developed and approved by the county compensation
board as provided in subsection (4). However, the county commissioners
may, for all or the remainder of each fiscal year, in conjunction with setting
salaries for other officers as provided in 7-4-2504(1), set the salary at the prior
fiscal year level if that level is lower than the level required by this subsection
(3)(c). The cost-of-living increment for each fiscal year must be added to all
cost-of-living increments granted for previous years unless salaries were set
for the fiscal year at the level of salaries received in the prior fiscal year.
Unless restored pursuant to 7-4-2504(2), a cost-of-living increment that
would have been received for the fiscal year, computed on the prior fiscal
year, may not be added to previous increments.
(d) (i) After completing 4 years of service as deputy county attorney, each
deputy county attorney is entitled to an increase in salary of $1,000 on the
anniversary date of employment as a deputy county attorney. After
completing 5 years of service as deputy county attorney, each deputy county
attorney is entitled to an additional increase in salary of $1,500 on the
anniversary date of employment. After completing 6 years of service as
deputy county attorney and for each year of additional service thereafter up to
completion of the 11th year of service, each deputy county attorney is entitled
to an additional annual increase in salary of $500.
(ii) A county with a full-time county attorney may pay its full-time county
attorney the same longevity increase that is provided for under subsection
(3)(d)(i) for deputy county attorneys.
(iii) Unless longevity increases are restored pursuant to 7-4-2504(2), the
years of service during a year in which the salary was set at the level of the
salary of the prior fiscal year may not be included in a calculation of longevity
increases.
(4) The latest federal decennial census statistics are the basis for
computation of population increments under this section. During the
intervening 9 years, the computation of population increments applicable on
July 1 of each year is based on the most current calendar year's estimates of
counties' populations compiled by the federal-state cooperative program for
estimates of the university of Montana-Missoula bureau of business and
economic research and the U.S. bureau of the census or other estimate that the
bureau of business and economic research may certify.
(4) (a) There is a county compensation board consisting of the county commissioners, three of the county officials described in subsection (1) appointed by the board of county commissioners, the county attorney, and two resident taxpayers appointed initially by the board of county commissioners to staggered terms of 3 years, with the initial appointments of one taxpayer member for a 2-year term and one taxpayer member for a 3-year term. The county compensation board shall hold hearings annually for the purpose of reviewing the compensation paid to county officers. The county compensation board may consider the compensation paid to comparable officials in other Montana counties, other states, state government, federal government, and private enterprise.
(b) The county compensation board shall prepare a compensation schedule for the elected county officials, including the county attorney, for the succeeding fiscal year. The schedule must take into consideration county variations, including population, the number of residents living in unincorporated areas, assessed valuation, motor vehicle registrations, building permits, and other factors considered necessary to reflect the variations in the workloads and responsibilities of county officials as well as the tax resources of the county.
(c) A recommended compensation schedule requires a majority vote of the county compensation board, and at least two county commissioners must be included in the majority. A recommended compensation schedule may not reduce the salary of a county officer that was in effect on [the effective date of this act]. (Terminates July 1, 2001--sec. 4, Ch. 411, L. 1999.)
7-4-2503. (Effective July 1, 2001) Salary schedule for certain county
officers -- county compensation board. (1) (a) The salary paid to the county
treasurer, county clerk and recorder, clerk of the district court, county
assessor, county superintendent of schools, county sheriff, county surveyor in
counties where county surveyors receive salaries as provided in 7-4-2812,
justice of the peace, and county auditor in all counties where the office is
authorized must be established by the county governing body at no less than
80% of the annual base salary of:
(i) $25,000 for counties of the first through fifth class added to the
population increment of $10 for each 100 persons or major fraction of 100
persons included in the county's population as determined by the 1990 federal
decennial census; or
(ii) $18,000 for counties of the sixth and seventh class added to the
population increment of $10 per 100 persons or major fraction of 100 persons
in the county's population as determined by the 1990 federal decennial census
based upon the recommendations of the county compensation board provided
for in subsection (4).
(b) The annual base salary established by the county governing body in
pursuant to subsection (1)(a) must be uniform for all county officers referred
to in subsection (1)(a).
(2) (a) An elected county superintendent of schools must receive, in addition to the salary based upon subsection (1), the sum of $400 per year, except that an elected county superintendent of schools who holds a master of arts degree or a master's degree in education, with an endorsement in school administration, from a unit of the Montana university system or an equivalent institution may, at the discretion of the county commissioners, receive, in addition to the salary based upon subsection (1), up to $2,000 per year.
(b) The county sheriff must receive, in addition to the salary based upon subsection (1), the sum of $2,000 per year.
(c) The county sheriff must receive a longevity payment amounting to 1%
of the base salary set forth in determined under subsection (1) for each year of
service with the sheriff's department, but years of service during any year in
which the salary was set at the level of the salary of the prior fiscal year may
not be included in any calculation of longevity increases. The additional
salary amount provided for in this subsection may not be included in the base
salary for purposes of computing the compensation for undersheriffs and
deputy sheriffs as provided in 7-4-2508.
(3) (a) In each county with a population in excess of 30,000, the county
attorney must be a full-time official under 7-4-2704, and the salary is $50,000
per year, subject to adjustment as provided in subsection (3)(c). In counties
with a population less than 30,000, the county attorney who is a part-time
official for a county of the first, second, or third class is entitled to receive an
annual base salary equal to 60% of the annual salary of a full-time county
attorney the salary received for the fiscal year ending June 30, 2001. A county
attorney who is a part-time official for a county of the fourth, fifth, sixth, or
seventh class is entitled to receive an annual salary equal to 50% of the annual
salary of a full-time county attorney.
(b) In those counties where the office of the county attorney has been established as a full-time position pursuant to 7-4-2706, the salary of the county attorney is the same as that established for full-time county attorneys in subsection (3)(a).
(c) On August 1 of each year, each Each county attorney is entitled to an
increase in salary calculated by adding to the annual salary a percentage of up
to 100% of the previous calendar year's consumer price index for all urban
consumers, U.S. department of labor, bureau of labor statistics, or other index
that the bureau of business and economic research of the university of
Montana-Missoula may in the future recognize as the successor to that index
based upon the schedule developed and approved by the county compensation
board as provided in subsection (4). However, the county commissioners
may, for all or the remainder of each fiscal year, in conjunction with setting
salaries for other officers as provided in 7-4-2504(1), set the salary at the prior
fiscal year level if that level is lower than the level required by this subsection
(3)(c). The cost-of-living increment for each fiscal year must be added to all
cost-of-living increments granted for previous years unless salaries were set
for the fiscal year at the level of salaries received in the prior fiscal year.
Unless restored pursuant to 7-4-2504(2), a cost-of-living increment that
would have been received for the fiscal year, computed on the prior fiscal
year, may not be added to previous increments.
(d) (i) After completing 4 years of service as deputy county attorney, each
deputy county attorney is entitled to an increase in salary of $1,000 on the
anniversary date of employment as deputy county attorney. After completing
5 years of service as deputy county attorney, each deputy county attorney is
entitled to an additional increase in salary of $1,500 on the anniversary date of
employment. After completing 6 years of service as deputy county attorney
and for each year of additional service thereafter up to completion of the 11th
year of service, each deputy county attorney is entitled to an additional annual
increase in salary of $500.
(ii) The years of service as a deputy county attorney accumulated prior to
July 1, 1985, must be included in the calculation of the longevity increase,
but, unless longevity increases are restored pursuant to 7-4-2504(2), the years
of service during a year in which the salary was set at the level of the salary of
the prior fiscal year may not be included in a calculation of longevity
increases.
(4) The latest federal decennial census statistics are the basis for
computation of population increments under this section. During the
intervening 9 years, the computation of population increments applicable on
July 1 of each year is based on the most current calendar year's estimates of
counties' populations compiled by the federal-state cooperative program for
estimates of the university of Montana-Missoula bureau of business and
economic research and the U.S. bureau of the census or other estimate that the
bureau of business and economic research may certify.
(4) (a) There is a county compensation board consisting of the county commissioners, three of the county officials described in subsection (1) appointed by the board of county commissioners, the county attorney, and two resident taxpayers appointed initially by the board of county commissioners to staggered terms of 3 years, with the initial appointments of one taxpayer member for a 2-year term and one taxpayer member for a 3-year term. The county compensation board shall hold hearings annually for the purpose of reviewing the compensation paid to county officers. The county compensation board may consider the compensation paid to comparable officials in other Montana counties, other states, state government, federal government, and private enterprise.
(b) The county compensation board shall prepare a compensation schedule for the elected county officials, including the county attorney, for the succeeding fiscal year. The schedule must take into consideration county variations, including population, the number of residents living in unincorporated areas, assessed valuation, motor vehicle registrations, building permits, and other factors considered necessary to reflect the variations in the workloads and responsibilities of county officials as well as the tax resources of the county.
(c) A recommended compensation schedule requires a majority vote of the county compensation board, and at least two county commissioners must be included in the majority. A recommended compensation schedule may not reduce the salary of a county officer that was in effect on [the effective date of this act]."
Section 4. Section 7-4-2504, MCA, is amended to read:
"7-4-2504. Salaries to be fixed by resolution -- cost-of-living
increments. (1) The county governing body shall by resolution on or before
August 1 of each year adjust and uniformly fix the salaries of the county
treasurer, county clerk, county assessor, county school superintendent, county
sheriff, clerk of district court, county auditor (if there is one), justice of the
peace, and county surveyor (if the surveyor receives a salary). The salaries
fixed may be no less than 80% of by adding to the annual base salary
provided for in 7-4-2503(1) plus a cost-of-living increment based on a
percentage of up to 100% of the previous calendar year's consumer price
index for all urban consumers, U.S. department of labor, bureau of labor
statistics, or other index that the bureau of business and economic research of
the university of Montana-Missoula may in the future recognize as the
successor to that index upon the schedule developed and approved by the
county compensation board provided for in 7-4-2503(4). The county
governing body may, however, for all or the remainder of each fiscal year, in
conjunction with setting salaries for the same action on the salaries of justices
of the peace (if applicable), the county governing body, the county attorney,
and the coroner, set the salary at the prior fiscal year level if that level is lower
than the level required by this subsection. The cost-of-living increment for
each fiscal year must be added to all cost-of-living increments granted for
previous years unless salaries were set for the fiscal year at the level of
salaries received in the prior fiscal year. In such a case, the cost-of-living
increment that would have been received for the fiscal year, computed on the
prior fiscal year, may not be added to previous increments.
(2) The county governing body may, in any subsequent fiscal year, restore
for 1 or more years the annual cost-of-living increments withheld pursuant to
subsection (1). If cost-of-living increments are restored, the longevity
increases provided for sheriffs in 7-4-2503, for deputy county attorneys in
7-4-2503(3)(d)(i), and for undersheriffs and deputy sheriffs in 7-4-2510 must
also be restored for the years for which the cost-of-living increment was
restored.
(3) The county governing body shall by resolution, prior to August 1 of
each year, establish the salary of the coroner and may, for all or the remainder
of each fiscal year, in conjunction with setting salaries for other officers as
provided in subsection (1), set the salary at the prior fiscal year level. The
salary must be in effect on the first day of each ensuing fiscal year."
Section 5. Section 7-4-2706, MCA, is amended to read:
"7-4-2706. County attorney to be full or part time -- resolution --
salary. (1) In any county with a population of less than 30,000, the county
commissioners may, upon the consent of the county attorney, on July 1 of any
year by resolution establish the office of county attorney as a full-time
position subject to the provisions of 7-4-2701 and 7-4-2704. The salary for
this position is the salary provided by established pursuant to 7-4-2503 for the
office of county attorney in a county with a population in excess of 30,000.
(2) In any county in which the office of county attorney has been established as a full-time position under subsection (1), the county commissioners may, by resolution and upon the consent of the county attorney, establish the office as a part-time position on July 1 of any year."
Section 6. Section 7-14-2126, MCA, is amended to read:
"7-14-2126. Compensation for making inspections. The person or
persons making the inspections authorized by 7-14-2125 shall receive a daily
salary equal to that the equivalent of a daily rate for the salary established in
7-4-2107(2) and actual expenses if he receives no the person does not receive
other compensation for that day and is not on an annual salary. The claims
shall must be audited and allowed in the same manner as other claims against
the county."
Section 7. Section 41-5-1704, MCA, is amended to read:
"41-5-1704. Salary and expenses. (1) A chief probation officer must
receive a salary specified by the court, depending on the formal training and
experience of each respective officer; however, the salary may not be lower
than $24,000 a year and may not be higher than $29,000 a year. In addition to
the salary, the court shall, on or before July 1 of each year, adjust and fix the
salary of the chief probation officer for a cost-of-living increase by adding to
the chief probation officer's annual salary on July 1 of that year an increment,
as determined by the county governing body using the applicable formula
provided for in 7-4-2504, of up to 100% of the previous calendar year's
consumer price index for all urban consumers, U.S. department of labor,
bureau of labor statistics, or other index that the bureau of business and
economic research of the university of Montana-Missoula may in the future
recognize as the successor to that index. The cost-of-living increment for each
fiscal year must be added to all cost-of-living increments granted for previous
years unless salaries were set for the fiscal year at the level of salaries
received in the prior fiscal year by the county governing body. If that is the
case, the cost-of-living increment that would have been received for the fiscal
year, computed on the prior fiscal year, may not be added to previous
increments. The salary of a chief probation officer must be apportioned
among and paid by each of the counties in which the officer is appointed to
act, in proportion to the cost allocation established under 41-5-104, except
when the officer is appointed for one county, then that county shall pay the
entire salary.
(2) In addition to the compensation provided in subsection (1), each chief probation officer with more than 5 years of service is entitled to receive an annual 1% longevity allowance; however, years of service during any year in which the salary was set at the same level as the salary of the prior fiscal year may not be included in any calculation of longevity increase. Each longevity allowance must be based on the officer's current salary and begins on the officer's annual employment anniversary date. The allowance must be paid in equal monthly installments.
(3) If the county governing body, in any subsequent fiscal year, restores
for 1 or more years the annual cost-of-living increments withheld pursuant to
subsection (1), the longevity increases provided for in subsection (2) must
also be restored for those years that the cost-of-living increment was restored.
(4)(3) For all authorized travel incident to a chief probation officer's
official duties in connection with the investigation, supervision, and
transportation of youth, the chief probation officer must, in addition to the
officer's salary, be reimbursed as provided in 2-18-501 through 2-18-503."
Section 8. Section 41-5-1705, MCA, is amended to read:
"41-5-1705. Deputy probation officers -- salary. (1) The judge having
jurisdiction of juvenile matters may appoint persons to serve as deputy
probation officers as that the judge considers necessary, giving preference to
persons having the qualifications suggested for appointment as the chief
probation officer. The salaries of deputy probation officers must be fixed by
the judge. The salaries may not exceed 90% or be less than 60% of the salary
of the chief probation officer, excluding the cost-of-living increase provided
in subsection (2) and longevity payments provided in 41-5-1704.
(2) In addition to the salary, the judge shall, on or before July 1 of each
year, adjust and fix the salary of the deputy probation officer for a
cost-of-living increase by adding to the deputy probation officer's annual
salary on July 1 of that year an increment, as determined by the county
governing body using the applicable formula provided in 7-4-2504, of up to
100% of the previous calendar year's consumer price index for all urban
consumers, U.S. department of labor, bureau of labor statistics, or other index
that the bureau of business and economic research of the university of
Montana-Missoula may in the future recognize as the successor to that index.
The cost-of-living increment for each fiscal year must be added to all
cost-of-living increments granted for previous years unless salaries were set
for the fiscal year at the level of salaries received in the prior fiscal year by the
county governing body. If that is the case, the cost-of-living increment that
would have been received for the fiscal year, computed on the prior fiscal
year, may not be added to previous increments. The salary of a deputy
probation officer must be apportioned among and paid by each of the counties
in which the officer is appointed to act, in proportion to the cost allocation
established under 41-5-104, except when the officer is appointed for one
county, then that county shall pay the entire salary.
(3) In addition to the compensation provided in subsections (1) and (2),
each deputy probation officer with more than 5 years of service is entitled to
receive an annual 1% longevity allowance; however, years of service during
any year in which the salary was set at the same level as the salary of the prior
fiscal year may not be included in any calculation of longevity increase. Each
longevity allowance must be based on the officer's current salary and begins
on the officer's annual employment anniversary date. The allowance must be
paid in equal monthly installments.
(4) If the county governing body, in any subsequent fiscal year, restores
for 1 or more years the annual cost-of-living increments withheld pursuant to
subsection (2), the longevity increases provided for in subsection (3) must
also be restored for those years that the cost-of-living increment was restored.
(5)(4) The salary of a deputy probation officer promoted to chief
probation officer may not be decreased by the appointment. The deputy
probation officer retains all longevity allowances earned during service as a
deputy."
Section 9. Limit on state share of county attorney salary. As provided in 7-4-2502(2)(a), the department of justice is not obligated to provide more than one-half of the salary of a county attorney based on the amount included in the department's budget and appropriated for that purpose.
Section 10. Effective date. [This act] is effective on passage and approval.
- END -
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