STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5687

April 15, 1980

COUNTY JUVENILE OFFICERS:

Reduction in supplemental compensation by county

A county board of commissioners possesses the exclusive power to set the amount of county supplement, if any, to be paid to the county juvenile officer in addition to the state paid salary and may reduce the county paid portion previously paid.

The Honorable Steve Andrews

State Representative

The Capitol

Lansing, Michigan 48409

The Honorable Gerald T. Graham

Probate Judge

Oceana County

Hart, Michigan 49420

You have requested my opinion as to whether a County Board of Commissioners may reduce the county-paid portion of the salary of a County Juvenile Officer during his or her tenure in office. Const 1963, art 7, Sec. 9 states:

The Legislature initially provided for the appointment and the compensation of persons who currently serve as county juvenile officers by enactment of 1919 ex sess PA 22. ⁽²⁾

This Act was subsequently amended by 1944 1st ex sess PA 11, which amended the title and body of the 1919 Act to provide for appointment of county agents by the Governor upon the recommendation of the probate judge or judges in each county, such person to hold office during the pleasure of the probate judge or judges. This 1944 amendatory act also specified the amount of compensation to be received by the county agent; some county agents were paid on a per diem basis whereas others serving in more populous counties were paid an annual salary.

With respect to counties where the county agent was paid an annual salary, the 1944 amendatory act provided in pertinent part:

Thereafter, 1919 ex sess PA 22, as amended by 1944 1st ex sess PA 11, supra, was further amended by the addition of the following language in 1947 2d ex sess PA 3 to further provide:

1919 ex sess PA 22, supra, as last amended by 1978 PA 377, ⁽³⁾ clearly reaffirms the power of the county board of commissioners to supplement the salary of the county juvenile officer.

This provision is substantively the same as that amendatory language which first appeared in 1944 1st ex sess PA 11, supra.

Further, subsection (3) of 1919 ex sess PA 22, as last amended by 1978 PA 377, supra, declares:

This provision is also substantively the same as that amendatory language which was added to 1919 ex sess PA 22, supra, by 1947 2d ex sess PA 3, supra.

Based on Const 1963, art 7, Sec. 9, supra, and 1919 ex sess PA 22, as last amended by 1978 PA 377, supra, it is clear that the county board of commissioners has the exclusive power to set the county supplement at any amount even if it results in diminishing or eliminating the county paid supplement to the county juvenile officer. Statutes must be construed to give effect to the intent and purpose of the legislature; City of Highland Park v Oakland County Drain Comm'r, 312 Mich 407; 20 NW2d 253 (1945).

It shall be noted that 1879 PA 154, as last amended by 1978 PA 487, Sec. 1(1), MCLA 45.421(1); MSA 5.1101(1) states:

However, 1919 ex sess PA 22, as last amended by 1978 PA 377, supra, controls over 1879 PA 154, supra, as the former statute specifically addresses county juvenile officers and prescribes their compensation; People v Bachman, 50 Mich App 682, 686; 213 NW2d 800 (1973); People v Seeley, 24 Mich App 539; 180 NW2d 333 (1970), aff'd 384 Mich 584; 184 NW2d 917 (1971). ⁽⁴⁾ In addition, since the county juvenile officer holds 'office at the pleasure of' the probate judge or judges in each county, ⁽⁵⁾ pursuant to 1919 ex sess PA 22, as last amended by 1978 PA 377, supra, Sec. 1(1), the county juvenile officer has no 'term' within the ambit of 1879 PA 154, Sec. 1(1), supra. An officer whose tenure of office may be terminated at the will of the appointing power does not hold a term of office. OAG, 1945-1946, No 0-4141, p 526 (November 27, 1945). The salary of the officer without a term may be increased or decreased by the county board of commissioners. OAG, 0-4141, supra.

Finally, 1919 ex sess PA 22, as last amended by 1978 PA 377, supra, authorizes counties to pay compensation in addition to the state paid salary. Therefore, 1879 PA 154, supra, which prohibits decreasing the salary of a county officer during the term of office does not apply to additions to the state salary by the county.

Therefore, it is my opinion that a County Board of Commissioners possesses the exclusive power to set the amount of the county supplement, if any, to be paid to the county juvenile officer in addition to his or her state paid salary.

Frank J. Kelley