[ Previous Page] [ Home Page ]
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. 6149 April 19, 1983 COUNTIES: Salaries of county officials The salary of a county sheriff may be fixed by a county board of commissioners without regard to the November 1 date set forth in 1879 PA 154, Sec. 1(i). Honorable Nick Smith State Senator The Capitol Lansing, Michigan Referring to Branch County, you inquire about the date for establishment of the salary of the sheriff by the county board of commissioners for the performance of all his or her duties. 1879 PA 154, Sec. 1(i); MCLA 45.421; MSA 5.1101(1), provides, in pertinent part: 'The annual salary of each salaried county officer, which is by law fixed by the county board of commissioners, shall be fixed by the board before November 1 each year and shall not be diminished during the term for which the county officer has been elected or appointed, but may be increased by the board during the officer's term of office.' This legislation was most recently interpreted in Attorney General v The County of Oakland, et al, ---- Mich App ----; ---- NW2d ----, Docket No. 59705, decided February 14, 1983, the Court of Appeals stating: 'Construing this statute, the circuit court concluded that MCL 45.421(1); MSA 5.1101(1) permits the county board of commissioners to increase the salaries of elected officers without limitation as to the effective date of such increases. Further, the circuit court opined that the November 1 date was continued by historical accident. We agree with the circuit court that MCL 45.421(1); MSA 5.1101(1) empowers the county board of commissioners to increase salaries of county officers during their term of office without limitation as to the effective date of such increases. The statute neither requires only one raise per year nor sets a date for which raises become effective.' This decision was not appealed. Under the Court of Appeals' interpretation of 1879 PA 154, Sec. 1(i), supra, the November 1 date would not have to be observed by the county board of commissioners when establishing the salaries of county officers. Frank J. Kelley Attorney General
[ Previous Page] [ Home Page ]