H. B. 2307
(By Delegates Warner and Campbell)
[Introduced
February 19, 2001
; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact section four, article seven, chapter
seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to increasing the annual
salaries of circuit clerks and county clerks.
Be it enacted by the Legislature of West Virginia:
That section four, article seven, chapter seven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 7. TRAINING PROGRAMS FOR COUNTY EMPLOYEES, ETC.;
COMPENSATION OF ELECTED COUNTY OFFICIALS; COUNTY
ASSISTANTS, DEPUTIES AND EMPLOYEES, THEIR NUMBER
AND COMPENSATION.
§7-7-4. Compensation of elected county officials and county
commissioners for each class of county; effective
date.
(a) (1) All county commissioners shall be paid compensation
out of the county treasury in amounts and according to the schedule
hereafter set forth for each class of county as determined by the
provisions of section three of this article: Provided, That as to
any county having a tribunal in lieu of a county commission, the
county commissioners of the county may be paid less than the
minimum compensation limits of the county commission for the
particular class of such county.
Class I$20,000
Class II$15,500
Class III$14,000
Class IV$10,000
Class V$ 7,000
Class VI$ 4,000
The compensation hereinabove provided shall be paid on and
after the first day of January, one thousand nine hundred
eighty-five, to each county commissioner. Within each county,
every county commissioner whose term of office commenced prior to the first day of January, one thousand nine hundred eighty-five,
shall receive the same annual compensation as commissioners
commencing a term of office on or after that date by virtue of the
new duties imposed upon county commissioners pursuant to the
provisions of chapter fifteen, acts of the Legislature, first
extraordinary session, one thousand nine hundred eighty-three.
(2) For the purpose of determining the compensation to be paid
to the elected county officials of each county, the following
compensations for each county office by class are hereby
established and shall be used by each county commission in
determining the compensation of each of their county officials
other than compensation of members of the county commission:
CountyCircuitProsecuting
SheriffClerkClerkAssessorAttorney
Class I$24,200$31,300$31,300$24,200$41,500
Class II$24,200$28,000$28,000$24,200$39,500
Class III$24,200$28,000$28,000$24,200$30,000
Class IV$22,300$24,000$24,000$22,300$26,500
Class V$20,400$22,000$22,000$20,400$23,500
Class VI$17,200$17,200$17,200$17,200$17,000
Any county clerk, circuit clerk, joint clerk of the county commission and circuit court, if any, county assessor, sheriff and
prosecuting attorney of a Class I county, any assessor of a Class
II and Class III county, any sheriff of a Class II and Class III
county and any prosecuting attorney of a Class II county shall
devote full time to his or her public duties to the exclusion of
any other employment: Provided, That any public official, whose
term of office begins when his or her county's classification
imposes no restriction on his or her outside activities, shall may
not be restricted on his or her outside activities during the
remainder of the term for which he or she is elected. The
compensation hereinabove provided shall be paid on and after the
first day of January, one thousand nine hundred eighty-five, to
each elected county official. In the case of a county that has a
joint clerk of the county commission and circuit court, the
compensation of the joint clerk shall be fixed in an amount twenty-
five percent higher than the compensation would be fixed for the
county clerk if it had separate offices of county clerk and circuit
clerk.
The Legislature finds as a fact that the duties imposed upon
county clerks by the provisions of chapter sixty-four, acts of the
Legislature, regular session, one thousand nine hundred eighty-two, and by chapter fifteen, acts of the Legislature, first
extraordinary session, one thousand nine hundred eighty-three,
constitute new and additional duties for county clerks and as such
justify the additional compensation provided in this section
without violating the provisions of section 38, article VI of the
constitution of West Virginia.
The Legislature further finds as a fact that the duties
imposed upon circuit clerks by the provisions of chapters sixty-one
and one hundred eighty-two, acts of the Legislature, regular
session, one thousand nine hundred eighty-one, and by chapter
sixty, acts of the Legislature, regular session, one thousand nine
hundred eighty-three, constitute new and additional duties for
circuit clerks and as such justify the additional compensation
provided by this section without violating the provisions of
section 38, article VI of the constitution of West Virginia.
(b) Prior to the primary election in the year one thousand
nine hundred ninety-two, and for the fiscal year beginning on the
first day of July, one thousand nine hundred ninety-two, or for any
subsequent fiscal year if the approval set out herein is not
granted for any fiscal year, and at least thirty days prior to the
meeting to approve the county budget, the commission shall provide notice to the public of the date and time of the meeting and that
the purpose of the meeting of the county commission is to decide
upon their budget certification to the tax department. Upon
submission by the county commission to the chief inspector division
of the department of tax and revenue of a proposed annual budget
which contains anticipated receipts into the county's general
revenue fund, less anticipated moneys from the unencumbered fund
balance, equal to anticipated receipts into the county's general
revenue fund, less anticipated moneys from the unencumbered fund
balance and any federal or state special grants, for the
immediately preceding fiscal year, plus such additional amount as
is necessary for payment of the increases in the salaries set out
herein and related employment taxes over that paid for the
immediately preceding fiscal year, and upon approval thereof by the
chief inspector, which approval shall may not be granted for any
proposed annual budget containing anticipated receipts which are
unreasonably greater or lesser than that of the immediately
preceding fiscal year, for the purpose of determining the
compensation to be paid to the elected county officials of each
county office by class are hereby established and shall be used by
each county commission in determining the compensation of each of their county officials: Provided, That as to any county having a
tribunal in lieu of a county commission, the county commissioners
of the county may be paid less than the minimum compensation limits
of the county commission for the particular class of the county.
COUNTY COMMISSIONERS
Class I$24,000
Class II$18,600
Class III$16,800
Class IV$12,000
Class V$ 8,400
If the approval set out hereinabove is granted, the
compensation hereinabove provided shall be paid on and after the
first day of January, one thousand nine hundred ninety-three, to
each county commissioner. Within each county, every county
commissioner shall receive the same annual compensation by virtue
of the new duties imposed upon county commissioners pursuant to the
provisions of chapter one hundred seventy-two, acts of the
Legislature, second regular session, one thousand nine hundred
ninety, and chapter five, acts of the Legislature, third
extraordinary session, one thousand nine hundred ninety.
OTHER ELECTED OFFICIALS
CountyCircuitProsecuting
Sheriff ClerkClerkAssessor Attorney
Class I$29,040$37,560$37,560$29,040$59,500
Class II$29,040$33,600$33,600$29,040$59,500
Class III$29,040$33,600$33,600$29,040$36,000
Class IV$26,760$28,800$28,800$26,760$31,800
Class V$24,480$26,400$26,400$24,480$28,200
Class VI$24,480$26,400$26,400$24,480$28,200
Any county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, county assessor, sheriff and
prosecuting attorney of a Class I county, any assessor of a Class
II and Class III county, any sheriff of a Class II and Class III
county and any prosecuting attorney of a Class II county shall
devote full time to his or her public duties to the exclusion of
any other employment: Provided, That any public official, whose
term of office begins when his or her county's classification
imposes no restriction on his or her outside activities, shall may
not be restricted on his or her outside activities during the
remainder of the term for which he or she is elected. If the
approval set out hereinabove is granted, the compensation
hereinabove provided shall be paid on and after the first day of January, one thousand nine hundred ninety-three, to each elected
county official.
In the case of a county that has a joint clerk of the county
commission and circuit court, the compensation of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
compensation would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
Prior to the primary election in the year one thousand nine
hundred ninety-two, in the case of a Class III, Class IV or Class
V county which has a part-time prosecuting attorney, the county
commission may find that such facts and circumstances exist that
require the prosecuting attorney to devote full time to his or her
public duties for the four-year term, beginning the first day of
January, one thousand nine hundred ninety-three. If the county
commission makes such a finding, it may by proper order adopted and
entered, require the prosecuting attorney who takes office on the
first day of January, one thousand nine hundred ninety-three, to
devote full time to his or her public duties and the county
commission shall then compensate said prosecuting attorney at the
same rate of compensation as that of a prosecuting attorney in a
Class II county. For any county: (1) Which on and after the first day of July, one thousand nine hundred ninety-four, is classified
as a Class II county; and (2) which prior to such date was
classified as a Class III, Class IV or Class V county and
maintained a part-time prosecuting attorney, the county commission
may elect to maintain the prosecuting attorney as a part-time
prosecuting attorney: Provided, That prior to the first day of
January, one thousand nine hundred ninety-six, the county
commission shall make a finding, by proper order and entered,
whether to maintain a full-time or part-time prosecuting attorney.
The part-time prosecuting attorney shall be compensated at the same
rate of compensation as that of a prosecuting attorney in the class
for the county prior to being classified as a Class II county.
(c) Prior to the primary election in the year one thousand
nine hundred ninety-six, and for the fiscal year beginning on the
first day of July, one thousand nine hundred ninety-six, or for any
subsequent fiscal year if the approval set out herein is not
granted for any fiscal year, and at least thirty days prior to the
meeting to approve the county budget, the commission shall provide
notice to the public of the date and time of the meeting and that
the purpose of the meeting of the county commission is to decide
upon their budget certification to the tax department. Upon submission by the county commission to the chief inspector division
of the department of tax and revenue of a proposed annual budget
which contains anticipated receipts into the county's general
revenue fund, less anticipated moneys from the unencumbered fund
balance, equal to anticipated receipts into the county's general
revenue fund, less anticipated moneys from the unencumbered fund
balance and any federal or state special grants, for the fiscal
year beginning the first day of July, one thousand nine hundred
ninety-six, plus such additional amount as is necessary for payment
of the increases in the salaries set out herein and related
employment taxes over that paid for the immediately preceding
fiscal year, and upon approval thereof by the chief inspector,
which approval shall may not be granted for any proposed annual
budget containing anticipated receipts which are unreasonably
greater or lesser than that of the immediately preceding fiscal
year for the purpose of determining the compensation to be paid to
the elected county officials of each county office by class are
hereby established and shall be used by each county commission in
determining whether county revenues are sufficient to pay the
compensation mandated herein for their county officials: Provided,
That as to any county having a tribunal in lieu of a county commission, the county commissioners of the county may be paid less
than the minimum compensation limits of the county commission for
the particular class of the county: Provided, however, That should
there be an insufficient projected increase in revenues to pay the
compensation and related employment taxes mandated herein, then the
compensation of that county's elected officials shall remain at the
level in effect at the time certification was sought.
COUNTY COMMISSIONERS
Class I$28,000
Class II$27,500
Class III$27,000
Class IV$26,500
Class V$26,000
Class VI$21,500
Class VII$21,000
Class VIII$19,000
Class IX$18,500
Class X$15,000
The compensation hereinabove provided shall be paid on and
after the first day of January, one thousand nine hundred
ninety-seven, to each county commissioner. Within each county, every county commissioner whose term of office commenced prior to
or on or after the first day of January, one thousand nine hundred
ninety- seven, shall receive the same annual compensation by virtue
of legislative findings of extra duties as set forth in section one
of this article.
For the purpose of determining the compensation to be paid to
the elected county officials of each county, the following
compensations for each county office by class are hereby
established and shall be used by each county commission in
determining the compensation of each of their county officials
other than compensation of members of the county commission:
OTHER ELECTED OFFICIALS
CountyCircuitProsecuting
SheriffClerkClerkAssessorAttorney
Class I$34,000$42,000$42,000$34,000$76,000
Class II$33,500$41,500$41,500$33,500$74,000
Class III$33,250$40,500$40,500$33,250$72,000
Class IV$33,000$40,250$40,250$33,000$70,000
Class V$32,750$40,000$40,000$32,750$68,000
Class VI$32,500$37,500$37,500$32,500$45,000
Class VII$32,250$37,000$37,000$32,250$43,000
Class VIII$32,000$36,500$36,500$32,000$41,000
Class IX$31,750$36,000$36,000$31,750$38,000
Class X$29,000$32,000$32,000$29,000$35,000
The compensation hereinabove provided shall be paid on and
after the first day of January, one thousand nine hundred
ninety-seven, to each elected county official: Provided, That on
and after the first day of January of the year two thousand two,
circuit clerks and county clerks shall be paid an additional five
percent based on the compensation hereinabove provided them in
their respective classes. Any county clerk, circuit clerk, joint
clerk of the county commission and circuit court, if any, county
assessor or sheriff of a Class I through Class V county, inclusive,
any assessor or any sheriff of a Class VI through Class IX county,
inclusive, shall devote full time to his or her public duties to
the exclusion of any other employment: Provided, however, That any
public official, whose term of office begins when his or her
county's classification imposes no restriction on his or her
outside activities, shall may not be restricted on his or her
outside activities during the remainder of the term for which he or
she is elected.
In the case of a county that has a joint clerk of the county
commission and circuit court, the compensation of the joint clerk
shall be fixed in an amount twenty-five percent higher than the
compensation would be fixed for the county clerk if it had separate
offices of county clerk and circuit clerk.
Any prosecuting attorney of a Class I through Class V county,
inclusive, shall devote full time to his or her public duties to
the exclusion of any other employment: Provided, That any county
which under the prior provisions of this section was classified as
a Class II county and elected to maintain a part-time prosecutor
may continue to maintain a part-time prosecutor, until such time as
the county commission, on request of the part-time prosecutor,
approves and makes a finding, by proper order entered, that the
prosecuting attorney shall devote full time to his or her public
duties. The county commission shall then compensate said
prosecuting attorney at the same rate of compensation as that of a
prosecuting attorney in a Class V county: Provided, however, That
any county which under the prior provisions of this section was
classified as a Class II county and which did not elect to maintain
a part-time prosecutor shall maintain a full-time prosecuting attorney and shall compensate said prosecuting attorney at the same
rate of compensation as that of a prosecuting attorney in a Class
V county: Provided further, That, until the first day of January,
two thousand one, when a vacancy occurs in the office of
prosecuting attorney prior to the end of a term, the county
commission of a Class IV or Class V county may elect to allow the
position to become part time for the end of that term, and
thereafter the position of prosecuting attorney shall become full
time.
NOTE: The purpose of this bill is to raise the compensation
paid to circuit clerks and county clerks.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.