STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5677

April 10, 1980

COUNTIES:

Reduction of compensation of chief assistant prosecuting attorney

BOARD OF COMMISSIONERS:

Authority to reduce compensation of chief assistant prosecuting attorney

PROSECUTING ATTORNEYS:

Power of appointment of chief assistant prosecuting attorney

A county board of commissioners may not reduce the salary of the chief assistant prosecuting attorney previously approved by the board during the term of office of the prosecuting attorney appointing the chief assistant prosecuting attorney.

Mr. Thomas E. Kent

Prosecuting Attorney

Crawford County

Crawford County Court Building

Grayling, Michigan 49738

You have requested my opinion on a matter which may be phrased as follows:

1925 PA 329, MCLA 49.31 et seq; MSA 5.791 et seq, permits boards of commissioners to authorize the number, and prescribe the salary of, the assistant prosecuting attorneys and other personnel of the county prosecuting attorney. 1925 PA 329, supra, Sec. 1 declares that a board of commissioners, at the regular annual meeting, may by resolution authorize the appointment by the prosecuting attorney of as many assistant prosecuting attorneys as the board shall deem necessary. Rupert v Van Buren County, 296 Mich 240; 295 NW 630 (1941); Atlas v Wayne County Board of Auditors, 281 Mich 596; 275 NW 507 (1937). 1925 PA 329, supra, Secs. 2 and 3, respectively, provide the prosecuting attorney may appoint one assistant prosecuting attorney as chief assistant prosecuting attorney, and within ten (10) days after entering office, a prosecuting attorney shall file with the county clerk a statement in writing of any appointments. In conformity with 1925 PA 329, Secs. 1, 2 and 3, supra, you advise me that within ten (10) days of your taking office as Prosecuting Attorney for a four (4) year term commencing January 1, 1977, you appointed an assistant prosecuting attorney as chief assistant prosecuting attorney with the concurrence of the board of commissioners, and filed the document of appointment with the county clerk.

1925 PA 329, supra, Sec. 5, declares that an assistant prosecuting attorney appointed by the Prosecuting Attorney 'shall hold office during the pleasure of the prosecuting attorney.' Thus, once appointed by the Prosecuting Attorney, the chief assistant prosecuting attorney holds office at the pleasure of the prosecutor. 1925 PA 329, supra, Sec. 4, declares:

The power of appointment lodged in the prosecuting attorney pursuant to 1925 PA 329, supra, may not be annuled or modified in any way by the board of commissioners. See Rupert, supra, 296 Mich 240, 243. Reduction by the county board of commissioners of the salary of the chief assistant prosecuting attorney during the term of the Prosecuting Attorney would serve to modify or annul the power of appointment of the Prosecuting Attorney. No action of the county, which is a municipal corporation, may contravene the provisions of 1925 PA 329, supra, a general law of the state; see Washtenaw Abstract Company v Mayer, 347 Mich 228; 79 NW2d 480 (1956); 1851 PA 156, as amended by 1978 PA 629, Sec. 11(m), MCLA 46.11(m); MSA 5.331(m).

It is, therefore, my opinion that a county board of commissioners may not reduce the salary of the chief assistant prosecuting attorney of the county during the term of office of the prosecuting attorney appointing the chief assistant prosecuting attorney.

Frank J. Kelley