HOUSE BILL NO. 1825 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BUSICK.
5057H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 50.333, RSMo, and to enact in lieu thereof one new section relating to county salary commissions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 50.333, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 50.333, to read as follows: 50.333. 1. There shall be a salary commission in every nonchartered county. 2 2. The clerk or court administrator of the circuit court of the judicial circuit in which 3 such county is located shall set a date, time and place for the salary commission meeting and 4 serve as temporary [chairman] chair of the salary commission until the members of the 5 commission elect a [chairman] chair from their number. Upon written request of a majority 6 of the salary commission members the clerk or court administrator of the circuit court shall 7 forthwith set the earliest date possible for a meeting of the salary commission. The circuit 8 clerk or court administrator shall give notice of the time and place of any meeting of the 9 salary commission. Such notice shall be published in a newspaper of general circulation in 10 such county at least five days prior to such meeting. Such notice shall contain a general 11 description of the business to be discussed at such meeting. 12 3. The members of the salary commission shall be: 13 (1) The recorder of deeds if the recorder's office is separate from that of the circuit 14 clerk; 15 (2) The county clerk; 16 (3) [The prosecuting attorney; 17 (4) The sheriff;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1825 2
18 (5)] The county commissioners; 19 [(6)] (4) The collector or treasurer ex officio collector; 20 [(7)] (5) The treasurer or treasurer ex officio collector; 21 [(8)] (6) The assessor; 22 [(9)] (7) The auditor; 23 [(10)] (8) The public administrator; and 24 [(11)] (9) The coroner. 25 26 Members of the salary commission shall receive no additional compensation for their services 27 as members of the salary commission. A majority of members shall constitute a quorum. 28 4. Notwithstanding the provisions of sections 610.021 and 610.022, all meetings of a 29 county salary commission shall be open meetings and all votes taken at such meetings shall 30 be open records. Any vote taken at any meeting of the salary commission shall be taken by 31 recorded yeas and nays. 32 5. In every county, the salary commission shall meet at least once before November 33 thirtieth of each odd-numbered year and may meet in any even-numbered year. The salary 34 commission may meet as many times as it deems necessary and may meet after November 35 thirtieth and prior to December fifteenth of any odd-numbered year if the commission has met 36 at least once prior to November thirtieth of that year. At any meeting of the salary 37 commission, the members shall elect a [chairman] chair from their number. The county clerk 38 shall present a report on the financial condition of the county to the commission once the 39 [chairman] chair is elected, and shall keep the minutes of the meeting. 40 6. For purposes of this section, the 1988 base compensation is the compensation paid 41 on September 1, 1987, plus the same percentage increase paid or allowed, whichever is 42 greater, to the presiding commissioner or the sheriff, whichever is greater, of that county for 43 the year beginning January 1, 1988. Such increase shall be expressed as a percentage of the 44 difference between the maximum allowable compensation and the compensation paid on 45 September 1, 1987. [At its meeting in 1987 and at any meeting held in 1988, the salary 46 commission shall determine the compensation to be paid to every county officer holding 47 office on January 1, 1988.] The salary commission shall establish the compensation for each 48 office at an amount not greater than that set by law as the maximum compensation. If the 49 salary commission votes to increase compensation, but not to pay the maximum amount 50 authorized by law for any officer or office, then the increase in compensation shall be the 51 same percentage increase for all officers and offices and shall be expressed as a percentage of 52 the difference between the maximum allowable compensation and the compensation being 53 received at the time of the vote. If two-thirds of the members of the salary commission vote 54 to decrease the compensation being received at the time of the vote below that compensation, HB 1825 3
55 all officers shall receive the same percentage decrease. The commission may vote not to 56 increase or decrease the compensation and that compensation shall continue to be the salary 57 of such offices and officers during the subsequent term of office. 58 7. For the year 1989 and every second year thereafter, the salary commission shall 59 meet in every county as many times as it deems necessary on or prior to November thirtieth of 60 any such year for the purpose of determining the amount of compensation to be paid to 61 county officials. For each year in which the commission meets, the members shall elect a 62 [chairman] chair from their number. The county clerk shall present a report on the financial 63 condition of the county to the commission once the [chairman] chair is elected, and shall 64 keep minutes of the meeting. The salary commission shall then consider the compensation to 65 be paid for the next term of office for each county officer to be elected at their next general 66 election. If the commission votes not to increase or decrease the compensation, the salary 67 being paid during the term in which the vote was taken shall continue as the salary of such 68 offices and officers during the subsequent term of office. If the salary commission votes to 69 increase the compensation, all officers or offices whose compensation is being considered by 70 the commission at that time shall receive the same percentage of the maximum allowable 71 compensation. However, for any county in which all offices' and officers' salaries have been 72 set at one hundred percent of the maximum allowable compensation, the commission may 73 vote to increase the compensation of all offices except that of full-time prosecuting attorneys 74 at that or any subsequent meeting of the salary commission without regard to any law or 75 maximum limitation established by law. Such increase shall be expressed as a percentage of 76 the compensation being paid during the term of office when the vote is taken, and each officer 77 or office whose compensation is being established by the salary commission at that time shall 78 receive the same percentage increase over the compensation being paid for that office during 79 the term when the vote is taken. This increase shall be in addition to any increase mandated 80 by an official's salary schedule because of changes in assessed valuation during the current 81 term. If the salary commission votes to decrease the compensation, a vote of two-thirds or 82 more of all the members of the salary commission shall be required before the salary or other 83 compensation of any county office shall be decreased below the compensation being paid for 84 the particular office on the date the salary commission votes, and all officers and offices shall 85 receive the same percentage decrease. 86 8. The salary commission shall issue, not later than December fifteenth of any year in 87 which it meets, a report of compensation to be paid to each officer and the compensation so 88 set shall be paid beginning with the start of the subsequent term of office of each officer. The 89 report of compensation shall be certified to the clerk of the county commission for the county 90 and shall be in substantially the following form: HB 1825 4
91 The salary commission for ______County hereby certifies that it has met pursuant to 92 law to establish compensation for county officers to be paid to such officers during the next 93 term of office for the officers affected. The salary commission reports that there shall be (no 94 increase in compensation) (an increase of ______percent) (a decrease of ______percent) 95 (county officer's salaries set at ______percent of the maximum allowable compensation). 96 97 Salaries shall be adjusted each year on the official's year of incumbency for any change in the 98 last completed assessment that would affect the maximum allowable compensation for that 99 office. 100 9. For the meeting in 1989 and every meeting thereafter, in the event a salary 101 commission in any county fails, neglects or refuses to meet as provided in this section, or in 102 the event a majority of the salary commission is unable to reach an agreement and so reports 103 or fails to certify a salary report to the clerk of the county commission by December fifteenth 104 of any year in which a report is required to be certified by this section, then the compensation 105 being paid to each affected office or officer on such date shall continue to be the 106 compensation paid to the affected office or officer during the succeeding term of office. 107 10. Other provisions of law notwithstanding, in every instance where an officer or 108 employee of any county is paid a mileage allowance or reimbursement, the county 109 commission shall allow or reimburse such officers or employees out of the county treasury at 110 the highest rate paid to any county officer for each mile actually and necessarily traveled in 111 the performance of their official duties. The county commission of any county may elect to 112 pay a mileage allowance for any county commissioner for travel going to and returning from 113 the place of holding commission meetings and for all other necessary travel on official county 114 business in the personal motor vehicle of the commissioner presenting the claim. The 115 governing body of any county of the first classification [not having a charter form of 116 government] may provide by order for the payment of mileage expenses of elected and 117 appointed county officials by payment of a certain amount monthly which would reflect the 118 average monthly mileage expenses of such officer based on the amount allowed pursuant to 119 state law for the payment of mileage for state employees. Any order entered for such purpose 120 shall not be construed as salary, wages or other compensation for services rendered. 121 11. The term "maximum allowable compensation" as used in this section means the 122 highest compensation which may be paid to the specified officer or office in the particular 123 county based on the salary schedule established by law for the specified officer or office. If 124 the salary commission at its meeting in 1987 voted for one hundred percent of the maximum 125 allowable compensation and does not change such vote at its meeting held within thirty days 126 after May 13, 1988, as provided in subsection 6 of this section, the one hundred percent shall 127 be calculated on the basis of the total allowable compensation permitted after May 13, 1988. HB 1825 5
128 12. At the salary commission meeting which establishes the percentage rate to be 129 applied to county officers during the next term of office, the salary commission may authorize 130 the further adjustment of such officers' compensation as a cost-of-living component and 131 effective January first of each year, the compensation for county officers may be adjusted by 132 the county commission, and if the adjustment of compensation is authorized, the percentage 133 increase shall be the same for all county officers, not to exceed the percentage increase given 134 to the other county employees. The compensation for all county officers may be set as a 135 group, although the change in compensation will not become effective until the next term of 136 office for each officer. 137 [13. At the salary commission meeting in 1997 which establishes the salaries for 138 those officers to be elected at the general election in 1998, the salary commission of each 139 noncharter county may provide salary increases for associate county commissioners elected in 140 1996. This one-time increase is necessitated by the change from two- to four-year terms for 141 associate commissioners pursuant to house bill 256, passed by the first regular session of the 142 eighty-eighth general assembly in 1995.] ✔
Statutes affected: