Mississippi Advisory Opinions November 06, 1998: AGO 98-0626 (November 06, 1998)

Advisory Opinion Text

Griffin Norquist, Esquire

Yazoo County Board Attorney

P. O. Box 1106

Yazoo City, MS 39194

Re: Payment of County Registrars/Deputy Circuit Clerks

Dear Mr. Norquist:

Attorney General Mike Moore has received your request for an opinion and has assigned it to me for research and reply. Your letter states that the county has employed county registrars and deputy registrars pursuant to Section 23-15-223, Section 23-15-225, and Section 23-15-259. The Yazoo County Circuit Clerk has appointed the same persons as deputy clerks and pays them for their services as deputy circuit clerks from her personal funds. You ask “whether Yazoo County may continue to reimburse the registrar and deputy registrar for their services as registrar and deputy registrar or whether this payment is prohibited by Section 9-7-126.” You state in your letter that the Auditor's Office has questioned the validity of these expenditures under 9-7-126 of the Mississippi Code.

Please note that this opinion is prospective in nature only and does not purport to validate or invalidate any past actions taken by the Yazoo County Board of Supervisors or the Circuit Clerk's office. See Section 7-5-25 of the Mississippi Code.

In response, Section 23-15-211 of the Mississippi Code makes the circuit clerk the county registrar. Pursuant to Section 23-15-223 of the Code this registrar is empowered to appoint deputy registrars to assist in discharging the duties of the registrar. The county registrar is entitled to compensation pursuant to 23-15-225 with such compensation being based on the population of the county. Additional amounts are allowed under this section to the registrar for such duties as reregistration and assisting in the conduct of elections. Where the registrar performs the duties of assisting in the conduct of elections through a deputy, he is still entitled to compensation. MS AG Op. Griffin (February 12, 1992). It is noted that Section 23-15-225, supra, does not provide for any compensation for deputy registrars. Thus, the registrar must pay the deputy registrars out of the funds to which the registrar is entitled.

Section 9-7-126 of the Code provides:

(1) There shall be allowed out of the county treasury from the general county funds or any other available funds payable monthly by the board of supervisors of the county not less than the following amounts for the purposes of defraying the salaries of deputy circuit clerks:

Class 1 and 2 counties not less than $450.00 per month;

Class 3 and 4 counties not less than $350.00 per month;

Class 5, 6, 7 and 8 counties not less than $250.00 per month.

The above and forgoing allowances shall be for the purposes of defraying the salaries of deputy circuit clerks provided such allowance, upon written request of the circuit clerk, shall be paid directly to the deputy circuit clerk designated by him in the absence of which said request said allowance shall be paid monthly to the circuit clerk. Deputy circuit clerks employed under authority of this section shall be deemed employees of the county. The clerk shall select and supervise their public duties.

Please note that this section sets a minimum that must be paid, rather than a maximum that may be paid.

According to the facts as presented in your letter, the deputy circuit clerks in question are not paid pursuant to the above quoted Section 9-7-126 . They are paid solely out of the personal funds of the circuit clerk for their duties as deputy circuit court clerk.

Under the facts stated we see no violation of Code Section 9-7-126 .

Very truly yours,

Mike Moore Attorney General

Mike Lanford, Assistant Attorney General