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. 5334

July 21, 1978

OFFICERS AND EMPLOYEES:

Reduction of salary during term of office

PROSECUTING ATTORNEY:

Reduction of salary during term of office

WORDS AND PHRASES:

'Salary'

'Compensation'

Payment by county board of commissioners of dues to the State Bar Association or other professional organization on behalf of the county prosecutor is a fringe benefit of employment and may be terminated by the board at any time.

The Honorable Jack Welborn

State Senator

The Capitol

Lansing, Michigan 48909

You have requested my opinion as to whether a county board of commissioners may discontinue payment by the county of state bar dues and membership fees in professional organizations on behalf of a county prosecuting attorney during his current term of office, where the same have been regularly paid since the inception of his term of office.

1879 PA 154, Sec. 1, as amended by 1967 PA 163; MCLA 45.421; MSA 5.1101, 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).

It will be noted that 1879 PA 154, Sec. 1, supra, employs the term 'salaries' which has been defined as a periodic allowance made as payment to a person for his official or professional services or for his regular work. People v Lay, 193 Mich 476, 488; 160 NW 467 (1916). This term is distinguishable from the broader term 'compensation' which includes salaries, fees or commissions, and fringe benefits. Holmes v State Officers Compensation Commission, 57 Mich App 255; 226 NW2d 90 (1974). This case settles the question and it is clear that in this state the term 'salaries' does not include fringe benefits.

It is therefore my opinion that payment by the county board of commissioners of dues to the state bar association and other professional organization on behalf of the county prosecuting attorney is a fringe benefit of employment which may be terminated by the board at any time without violating 1879 PA 154, Sec. 1, supra.

Frank J. Kelley

Attorney General