Oregon Advisory Opinions February 21, 1946: OAG 46-39 (February 21, 1946)
Collection: Oregon Attorney General Opinions
Docket: OAG 46-39
Date: Feb. 21, 1946
Advisory Opinion Text
OAG 46-39.
The county court has no discretion in fixing the compensation of election judges and clerks, since the amount is fixed by sections 21-205, et seq., O. C. L. A.
Dear Sir: On February 19, 1946, you requested an opinion on the question whether or not the county court should fix the wage scale for judges and clerks at the coming election at the rate of $4 per day, or whether the court may enter an order directing that the election officials shall be paid the sum of $6 for their services during an 8-hour day.
Sections 21-205 and 21-207, O. C. L. A., fix the compensation of judges, clerks and supervisors of elections at $4 for each and every day's service actually performed.
We have held that statutes prescribing the salaries and fees of public officers are strictly construed, and that where the salary, fee or compensation is fixed by statute no discretion rests in the county court. Opinions of Attorney General, 1942-1944, p. 459. I am therefore of the opinion that the compensation for services performed by election clerks and judges is fixed by statute at $4 per day, and that the county court has no authority to increase such compensation to $6 for services performed during an 8-hour day.