Mississippi Advisory Opinions October 08, 1979: 19791008 (October 08, 1979)

Advisory Opinion Text

Honorable Donald B. Patterson

Attorney

Lincoln County Board of Supervisors

Post Office Box 888

Brookhaven, Mississippi 39601

Re: Elections—Registrars Compensation per § 23–5–53—Circuit Clerks

Dear Mr. Patterson:

Your letter request of October 2, 1979, addressed to Honorable A. F. Summer Attorney General, has been received and assigned to this writer for research and reply. Due to its length, a copy of your letter is attached hereto and incorporated herein by reference.

It is the opinion of this office that the maximum compensation for the registrar for election services is that allowed by sub-paragraph (2) of § 23–5–53, Code of 1972, as the same is quoted in your letter. For your information, we enclose a copy of a Staff Memo concerning pay for election commissioners prepared by the undersigned.

Additionally, we call your attention to sub-paragraph (1) of § 23–5–53 which sets the minimum compensation payable to the registrar by the Board of Supervisors depending upon the classification of the county. This office has previously ruled that the Board of Supervisors in its discretion may increase the registrar's salary for extra services rendered for one or more months as is stated on page three of our opinion to Ruth Dixon, dated March 21, 1979 and attached hereto.

With kind personal regards, I am

Sincerely yours,

A. F. Summer, Attorney General.

John M. Weston, Special Assistant Attorney General.

ATTACHMENT

March 21, 1979

Mrs. Ruth Dixon

Circuit Clerk, Amite County

Post Office Box 312

Liberty, Mississippi 39645

Dear Mrs. Dixon:

Attorney General Summer has received your letter of request dated March 19, 1979, and has assigned it to me for research and reply.

You submit the following, to-wit:

‘On January 5, 1976, I was sworn in as Circuit Clerk of Amite County, Mississippi, and since that time I have typed two complete sets of Poll Books with all names in alphabetical order, set up a card index on every elector in Amite County, typed a list of every qualified voter and sent lists to each surrounding post office for a correct address on each person, and have done other tasks trying to set up an efficient Circuit Clerk's Office.

‘At my October Term and February Term of Circuit Court each year I billed the county $400.00 each time for this work quoting ‘Section 25–7–13—Ex-Officio . . . $400.00’. Also, included in each bill was ‘For public service not particularly provided for . . . $400.00’. These bills were made a matter of record in the Circuit Court Minutes and approved by the District Attorney and the Judge.

‘Now, I realize possibly that this work should have been submitted under a bill quoting Section 23–5–179. The work has been done by me and I feel that I was entitled to payment therefor. Please advise me if it was legal for me to bill this under Ex-Officio, or under what section of the Code? I feel that my Board of Supervisors will give me an order correcting this misquote on the section, if necessary.’

Section 25–7–13, Mississippi Code of 1972, as amended, subsection (c), provides:

‘(c) For public service not particularly provided for, the circuit court may allow the clerk, per annum, to be paid by the county on the order of the board of supervisors, to be entered on presentation of the circuit court's order, the following amount 800.00 Provided, however, that in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district.’

The paragraph succeeding subparagraph (g), provides:

‘The clerk's fees in state cases where the state fails in the prosecution, or in cases of felony where the defendant is convicted and the cost cannot be made out of his estate, in an amount not to exceed four hundred dollars ($400.00) in one (1) year, shall be paid out of the county treasury by the circuit court and approved by the district attorney, and the allowance thereof by the board of supervisors of the county. In counties having two (2) judicial districts, such allowance shall be made in each judicial district; provided the maximum thereof shall not exceed eight hundred dollars ($800.00). In counties not having two (2) judicial districts, and with more than twenty-five thousand (25, 000) inhabitants, the maximum to be allowed shall not exceed six hundred dollars ($600.00). Clerks in the circuit court, in cases where appeals are taken in criminal cases and no appeal bond is filed, may be allowed by the board of supervisors of the county after examination and approval of their accounts by the district attorney, in addition to the above fees, for making such transcript the rate of twenty-five cents (25¢) per one hundred (100) words.’

The foregoing fees or compensation is authorized upon the approval of the court for court services rendered.

Compensation for services as County Registrar and for assisting County Election Commissioners is provided for by Section 23–5–53, Mississippi Code of 1972, as amended. The Board is, of course, authorized to increase the salary of the Registrar for one or more months for extra services rendered should the Board find that such additional compensation is proper. The Board may, in its discretion, increase or decrease the compensation of the County Registrar. The compensation cannot, of course, be reduced to an amount less than that provided by Section 23–5–53, Mississippi Code of 1972, as amended.

The Board of Supervisors is not authorized to change a prior Order of the Board after the Board has finally adjourned and the minutes have been signed. However, the Board is, of course, authorized at a subsequent meeting to enter an Order adjudicating that through inadvertence, or otherwise, a prior Order erroneously shows an improper section of the statute under which a lawful and legally due claim was paid and, such Order could, of course, by finding of the Board, adjudicate that such claim was, in fact, allowed pursuant to the provisions of the proper statute.

Very truly yours,

A. F. Summer Attorney General.

P. L. Douglas First Assistant Attorney General.