Mississippi Advisory Opinions May 12, 1993: AGO 93-0263 (May 12, 1993)

Advisory Opinion Text

Frank D. Edens, Sr., Esquire

Attorney for City of Flowood

Post Office Box 400

Brandon, Mississippi 39043

RE: COMPENSATION OF CITY REGISTRAR

Dear Mr. Edens:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

“This letter is written on behalf of the City of Flowood, Mississippi. The issue concerns what compensation a City Clerk is entitled to receive for performing the duties of Deputy Registrar and for assisting Election Commissioners outside the normal hours that City Hall is open.

Please address that issue.

I note the following statutes in regard to this request:

(a) Miss.Code Ann. § 21–3–5 provides for the appointment of officers and the prescription of duties and fixing compensation of such officers by the Mayor and Board.

(b) Miss.Code Ann. § 23–15–211 provides for the appointment of Municipal Election Commissioners.

(c) Miss.Code Ann. § 23–15–225 provides that the City Clerk of every municipality shall be appointed as a deputy registrar.

(d) Miss.Code Ann. § 23–15–225 provides for the compensation to the Registrar and also provides for additional compensation to the Circuit Clerk of $10, 000.00 for the performance of duties in regard to elections.

(e) Miss.Code Ann. § 23–15–227 provides for the compensation of Election Commissioners, Managers, Clerks and other persons and states that the compensation is $50.00 for each election with other provisions.

(f) Miss.Code Ann. § 23–15–229 provides for the compensation of Municipal Clerks, Managers and other workers and states that the compensation for Clerks, Managers and other workers in the polling place shall be the same as the compensation paid by the County for such services.

(g) Miss.Code Ann. § 23–15–153 provides for the meeting of Commissioners, revision of registration rolls and books and compensation of Commissioners and per diem allowance.

Based on a review of these statutes, it appears that the Municipal Clerk is either entitled to be compensated under Miss.Code Ann. § 25–3–5 which amount is not fixed, under Miss.Code Ann. § 23–15–225(3) or/and (5). The confusion is that an election ‘Clerk’ referred to in the statutes is not necessarily the same as the ‘Municipal City Clerk’ and therefore it is unclear whether the City Clerk should be compensated under the election statutes or the general compensation statute.”

In response to your inquiry, it is the opinion of this office that the compensation of the municipal clerk of a code charter municipality is set by the governing authorities pursuant to Mississippi Code Annotated § 21–3–5 (Revised 1990). In setting the clerk's compensation the governing authorities should take into consideration the fact that the clerk is required by statute to perform the various statutory duties of the municipal registrar. We point out that Section 23–15–225(6) specifically provides for additional compensation for the performance of duties relating to mail-in voter registration. It provides:

“The municipal clerk shall, in addition to any other compensation for performance of duties, be eligible to receive as compensation from the municipality's governing authorities a reasonable amount of additional compensation for reimbursement of costs and for additional duties associated with mail-in registration of voters.”

We note that even though the heading or title above Section 23–15–229 uses the term “municipal clerks, managers and other workers” the compensation provided for in the body of said code section is for “clerks, managers and other workers in the polling places”. This, in our opinion is clearly referring to pollworkers which have historically been designated election clerks and managers and would not be applicable to the municipal clerk.

Sincerely,

MIKE MOORE ATTORNEY GENERAL

Phil Carter Assistant Attorney General