The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5184 March 28, 1977 COUNTIES: Salaries of county officials The members of a county board of commissioners may increase their own rate of compensation providing the increase is made effective on the commencement of their terms of office. A county board of commissioners may increase the salaries of other elected county officials during their term of office but the vote to raise the salaries must be made on or before October 31st if the increase is to take effect on the following January 1. Honorable Francis R. Spaniola State Representative The Capitol Lansing, Michigan 48901 In December of 1974 the Shiawassee County Board of Commissioners resolved to increase the salaries of all elected county officials, including county commissioners, effective upon the commencement of their term of office on January 1, 1975, and you have asked whether this action was lawful. Const 1963, art 7, Sec. 9, vests county boards of commissioners with exclusive authority to fix the compensation of county officers not otherwise provided by law. The legislature has authorized county boards of commissioners to fix their own compensation by 1966 PA 261, Sec. 15; MCLA 46.415; MSA 5.359(15), which provides: 'A member of the county board of commissioners shall receive the compensation and mileage compensation fixed by resolution of the county board of commissioners. The per mile mileage compensation fixed by the county board of commissioners shall not exceed the mileage compensation set for state officers as determined by the state officers compensation commission. Changes in compensation and mileage compensation shall become effective only when members of the county board of commissioners commence their terms of office after a general election.' The term of the members of a county board of commissioners is concurrent with that of State representatives, 1966 PA 261, Sec. 10; MCLA 46.410; MSA 5.359(10). Members of the House of Representatives are elected for two year terms commencing at 12 noon of the 1st day of January next succeeding their election, Const 1963, art 11, Sec. 2; Const 1963, art 4, Sec. 3. Hence, pursuant to 1966 PA 261, Sec. 15, supra, county commissioners may increase their own rate of compensation prior to the commencement of their term in office and make the increase effective on the 1st day of January next succeeding their election. It is my opinion, therefore, that the resolution of the Shiawassee County Board of Commissioners in December of 1974 to increase their own salary effective on January 1, 1975 was in compliance with the law. The manner in which the salaries of other county officers may be fixed is governed by 1879 PA 154, Sec. 1, as amended by 1967 PA 163; MCLA 45.421; MSA 5.1101, which provides: 'The annual salaries of all salaried county officers, which are now or may be hereafter by law fixed by the board of supervisors, shall be fixed by the board on or before October 31 each year and shall not be diminished during the term for which such county officers shall have been elected or appointed, but may be increased by the board during their term of office.' (Emphasis added) While it is clear from the foregoing language that salaries must be fixed on or before October 31 each year, the date upon which salary changes shall become effective is not expressly stated. However, it is my opinion that the legislature intended that salaries would be fixed on or before October 31 of each year, effective on the 1st day of January of the ensuing year. This opinion is based on the historical background of 1879 PA 154, Sec. 1, which originally required that the salaries of county officers be fixed '. . . on or before the 31st day of October prior to the commencement of the term of such officers, . . .' Pursuant with Const 1963, art 11, Sec. 2, the term of county officers commences on the 1st day of January next succeeding their election. Thus, it was held in Vigeluis v Houghton County Clerk, 317 Mich 138; NW2d (1947), that a resolution of a county board in December, to increase the compensation of the county treasurer, effective on the 1st day of January of the ensuing year, was in violation of 1879 PA 154, Sec. 1, and was therefore, invalid. 1967 PA 163 which amended 1879 PA 154, Sec. 1, removes the prohibition against increasing the annual salaries of county officials during their term of office. Therefore, the board may now increase annual salaries of county officials each year. However, the fact that the legislature retained October 31 as the final date for voting on the salaries of county officials for the succeeding year and made these salaries annual, indicates its intention to empower the county boards of commissioners to increase the annual salaries effective on the date that their terms begin and effective each succeeding year on the same date, that is, January 1. In summary, therefore, it is my opinion that the resolution of the Shiawassee County Board of Commissioners, in December of 1974, to increase their own rate of compensation was valid and such increase became legally effective at 12 noon on January 1, 1975. Furthermore, it is my opinion that the decision to increase the salaries of all other elected county officials was valid. However, because the board failed to fix these salaries on or before October 31, the increase could not take effect on January 1, 1975, rather, such increase would not become effective until January 1, 1976. (1) Frank J. Kelley Attorney General (1)