67th Legislature SB 238.1
1 SENATE BILL NO. 238
2 INTRODUCED BY T. GAUTHIER, M. BLASDEL, J. ELLSWORTH, S. FITZPATRICK, T. MANZELLA, M.
3 SWEENEY, J. DOOLING, J. KASSMIER
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO COMPENSATION
6 FOR SHERIFFS, UNDERSHERIFFS, AND DEPUTY SHERIFFS; ALLOWING THE BOARD OF COUNTY
7 COMMISSIONERS TO PROVIDE ADDITIONAL SALARY TO SHERIFFS; REVISING THE METHOD USED
8 TO CALCULATE LONGEVITY PAYMENTS FOR ALL TYPES OF SHERIFFS; INCREASING THE
9 PERCENTAGE OF THE SHERIFF'S SALARY THAT IS USED TO CALCULATE THE SALARY FOR
10 UNDERSHERIFFS AND DEPUTY SHERIFFS; AND AMENDING SECTIONS 7-4-2503, 7-4-2508, AND 7-4-
11 2510, MCA.”
12
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
14
15 Section 1. Section 7-4-2503, MCA, is amended to read:
16 "7-4-2503. Salary schedule for certain county officers -- county compensation board. (1) (a)
17 The salary paid to the county treasurer, county clerk and recorder, clerk of the district court, county assessor,
18 county superintendent of schools, county sheriff, county surveyor in counties where county surveyors receive
19 salaries as provided in 7-4-2812, justice of the peace, county coroner, and county auditor in all counties in
20 which the office is authorized must be established by the county governing body based upon the
21 recommendations of the county compensation board provided for in subsection (4).
22 (b) Except as provided in subsection (2), the annual salary established pursuant to subsection (1)(a)
23 must be uniform for all county officers referred to in subsection (1)(a).
24 (2) (a) An elected county superintendent of schools must receive, in addition to the salary based
25 upon subsection (1), the sum of $400 a year, except that an elected county superintendent of schools who
26 holds a master of arts degree or a master's degree in education, with an endorsement in school administration,
27 from a unit of the Montana university system or an equivalent institution may, at the discretion of the county
28 commissioners, receive, in addition to the salary based upon subsection (1), up to $2,000 a year.
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1 (b) The county sheriff must receive, in addition to the salary based upon subsection (1), the sum of
2 $2,000 a year. The additional salary provided in this subsection (2)(b) must be included as salary for the
3 purposes of computing the compensation for undersheriffs and deputy sheriffs as provided in 7-4-2508.
4 (c) In addition to the salary provided for in subsections (1) and (2)(b), the county sheriff may receive
5 any additional salary as determined by the board of county commissioners. The additional salary provided in
6 this subsection (2)(c) must be included as salary for the purposes of computing the compensation for
7 undersheriffs and deputy sheriffs as provided in 7-4-2508.
8 (c)(d) The county sheriff must receive a longevity payment amounting to 1% of the salary determined
9 under subsection (1) subsections (1) and (2)(b) for each year of service with the sheriff's office, but years of
10 service during any year in which the salary was set at the level of the salary of the prior fiscal year may not be
11 included in any calculation of longevity increases. The payment, nonpayment, increase, lack of increase, or
12 decrease of the discretionary salary under subsection (2)(c) has no impact on the longevity payment. The
13 additional salary amount provided for in this subsection may not be included in the salary for purposes of
14 computing the compensation for undersheriffs and deputy sheriffs as provided in 7-4-2508.
15 (d)(e) If the clerk and recorder is also the county election administrator, the clerk and recorder may
16 receive, in addition to the base salary provided in subsection (1)(a), up to $2,000 a year. The additional salary
17 provided for in this subsection (2)(d) (2)(e) may not be included as salary for the purposes of computing the
18 compensation of any other county officers or employees.
19 (e)(f) The county treasurer, clerk of district court, and justice of the peace may each receive, in
20 addition to the base salary provided in subsection (1)(a), up to $2,000 a year. The additional salary provided for
21 in this subsection (2)(e) (2)(f) may not be included as salary for the purposes of computing the compensation of
22 any other county officers or employees.
23 (f)(g) The county coroner may be a part-time position, and the salary may be set accordingly.
24 (g)(h) The justice of the peace for a justice's court of record may receive, in addition to the base
25 salary provided in subsection (1)(a), compensation up to an amount allowed by 3-10-207.
26 (3) (a) Subject to subsection (3)(b), the salary for the county attorney must be set as provided in
27 subsection (4).
28 (b) If the uniform base salary set for county officials pursuant to subsection (1) is increased, then the
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1 county attorney is entitled to at least the same increase unless the increase would cause the county attorney's
2 salary to exceed the salary of a district court judge.
3 (c) (i) After completing 4 years of service as deputy county attorney, each deputy county attorney is
4 entitled to an increase in salary of $1,000 on the anniversary date of employment as deputy county attorney.
5 After completing 5 years of service as deputy county attorney, each deputy county attorney is entitled to an
6 additional increase in salary of $1,500 on the anniversary date of employment. After completing 6 years of
7 service as deputy county attorney and for each year of additional service up to completion of the 11th year of
8 service, each deputy county attorney is entitled to an additional annual longevity salary increase of $500 or a
9 greater amount based on the schedule developed and recommended by the county compensation board as
10 provided in subsection (4). Any additional annual longevity salary increase provided for in this section after the
11 11th year of service may not exceed the amount provided in the schedule developed and recommended by the
12 county compensation board.
13 (ii) The years of service accumulated after the 11th year of service as a deputy county attorney prior to
14 July 1, 2015, may not be included in the calculation of the longevity increases by the county compensation
15 board under this section.
16 (iii) The years of service as a deputy county attorney accumulated prior to July 1, 1985, must be
17 included in the calculation of the longevity increase.
18 (4) (a) There is a county compensation board consisting of:
19 (i) the county commissioners;
20 (ii) three of the county officials described in subsection (1) appointed by the board of county
21 commissioners;
22 (iii) the county attorney;
23 (iv) two to four resident taxpayers appointed initially by the board of county commissioners to
24 staggered terms of 3 years, with the initial appointments of one or two taxpayer members for a 2-year term and
25 one or two taxpayer members for a 3-year term; and
26 (v) (A) subject to subsection (4)(a)(v)(B), one resident taxpayer appointed by each of the three
27 county officials described in subsection (4)(a)(ii).
28 (B) The appointments in subjection (4)(a)(v)(A) are not mandatory.
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1 (b) The county compensation board shall hold hearings annually for the purpose of reviewing the
2 compensation paid to county officers. The county compensation board may consider the compensation paid to
3 comparable officials in other Montana counties, other states, state government, federal government, and private
4 enterprise.
5 (c) The county compensation board shall prepare a compensation schedule for the elected county
6 officials, including the county attorney, for the succeeding fiscal year. The schedule must take into
7 consideration county variations, including population, the number of residents living in unincorporated areas,
8 assessed valuation, motor vehicle registrations, building permits, and other factors considered necessary to
9 reflect the variations in the workloads and responsibilities of county officials as well as the tax resources of the
10 county.
11 (d) A recommended compensation schedule requires a majority vote of the county compensation
12 board, and at least two county commissioners must be included in the majority. A recommended compensation
13 schedule may not reduce the salary of a county officer that was in effect on May 1, 2001.
14 (e) The provisions of this subsection (4) do not apply to a county that has adopted a charter form of
15 government or to a charter, consolidated city-county government."
16
17 Section 2. Section 7-4-2508, MCA, is amended to read:
18 "7-4-2508. Compensation of undersheriff and deputy sheriff -- definitions. (1) The sheriff shall fix
19 the compensation of the undersheriff at 95% 98% of the salary of that sheriff.
20 (2) (a) The sheriff shall fix the compensation of the deputy sheriff based upon a percentage of the
21 salary of that sheriff according to the following schedule:
22 In counties with population of:
Below 15,000 85% to 90% 95%
15,000 to 29,999 76% to 90% 95%
30,000 to 74,999 74% to 90% 95%
75,000 and over 72% to 90% 95%
23 (b) The sheriff shall adjust the compensation of the deputy sheriff within the range prescribed in
24 subsection (2)(a) according to a rank structure in the office.
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1 (3) For purposes of this section, the term following definitions apply:
2 (a) "compensation" "Compensation" means the base rate of pay and does not mean longevity
3 payments or payments for hours worked overtime.
4 (b) "Salary of that sheriff" means the total salary provided for in 7-4-2503(1), (2)(b), and (2)(c)."
5
6 Section 3. Section 7-4-2510, MCA, is amended to read:
7 "7-4-2510. Sheriff's office -- longevity payments. Beginning on the date of the deputy sheriff's or
8 undersheriff's first anniversary of employment with the office and adjusted annually, a deputy sheriff or
9 undersheriff is entitled to receive a longevity payment amounting to 1% of the minimum base annual salary for
10 each year of service with the office, but years of service during any year in which the salary was set at the
11 same level as the salary of the prior fiscal year may not be included in any calculation of longevity increases.
12 This payment must be made in equal monthly installments. The payment, nonpayment, increase, lack of
13 increase, or decrease of the discretionary salary under 7-4-2503(2)(c) has no impact on the longevity payment."
14 - END -
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Statutes affected:
SB0238_1.pdf: 7-4-2503, 7-4-2508, 7-4-2510
SB0238_X.pdf: 7-4-2503, 7-4-2508, 7-4-2510
Enrolled: 7-4-2503, 7-4-2508, 7-4-2510
Introduced: 7-4-2503, 7-4-2508, 7-4-2510