Pay supplements aren’t required

At the June Blount County Board of Commissioners meeting, I (Tona Monroe) tried to cut the salaries of Mayor Ed Mitchell, Sheriff James Berrong, Highway Superintended Jeff Headrick and Circuit Court Clerk Tom Hatcher to the minimum salaries required by state law.  Only Commissioner Jamie Daly, Karen Miller and I voted to cut the salaries to the state minimum.  Commissioner Mike Akard was absent.  Last year, it was just the 3 ladies and Mike Akard who voted to cut the salaries to the state minimum.  All the rest supported these 4 being paid substantially more than we are required to pay them.

At the meeting, Chairman Jerome Moon lead the commission to believe that we had to pay the sheriff an additional pay supplement.  This pay supplement would trigger the mayor being paid more because the mayor is required to be paid 5% above the next highest paid official, which is the sheriff.  I had read the laws governing salaries and didn’t think we were required to pay more.  However, I could of missed something and inquired which law.  Moon didn’t know what law required us to give a pay supplement.  Neither did the sheriff or Commissioner Steve Samples, the longest serving commissioner.

I asked the County Technical Assistance Service for clarification on salary laws because minimum and maximum salaries are referenced.  CTAS failed to respond.  Thus, I sent the same questions to the Tennessee County Commissioners Association and received a response.  We (the county) are not required to pay these additional supplements.  Cutting these discretionary pay supplements would save the taxpayers $91,713 this budget year.

Below is his response and the attachment received is available here.

—–Original Message—–
From: Charlie Curtiss
Sent: Wednesday, July 20, 2016 11:27am
To: Tona
Subject: RE: Minimum and maximum salaries for elected officials

Tona,

There is not a maximum salary listed in the Tennessee Code, there are a few references but the law they reference was deleted in 1990. The legislature sets the minimum salary based upon a county’s classification. If the county commission wants to pay above the minimum salary that is their choice.

Tennessee code allows that a county commission can pay a sheriff additional salary to administer a workhouse. The law does not require a the county to provide an additional amount, it just allows a county commission to pay more if they chose to do so.

The fact that Tennessee law at one time set a maximum  salary, there is language in several parts of the law that give authority to go above the maximum salary. As I mentioned above, that language in not in the law today but there references are still there and it becomes confusing.

The state law says the county legislative body may pay additional compensation to a sheriff to administer a workhouse but it is not required.

I have attached a word document that has some support information.

Thanks,

Charlie

 

From: Tona
Sent: Sunday, July 17, 2016 5:32 PM
To: Charlie Curtiss
Subject: Minimum and maximum salaries for elected officials

Dear Charlie,

Wesley at CTAS has failed to respond to this email, like so many.
Do you know the answer to these questions?

Thanks,

Tona

 

—–Original Message—–
From: Tona

Sent: Thursday, June 30, 2016 11:06pm
To: “Robertson, Wesley Ross” <
wrober25@mail.tennessee.edu>, “Robertson, Wesley Ross” <wrober25@utk.edu>
Cc: “Roberts, Robin A” <
robin.roberts@tennessee.edu>
Subject: Minimum and maximum salaries for elected officials

Hi Wesley,

State statute 8-24-102 governs minimum salaries for elected officials.  CTAS publishes those minimum salaries, which I have a copy of. 

 

State statute 8-24-103 references a maximum salary for the sheriff. 

 

(3) No sheriff shall claim, hold, or have any interest in such funds for services performed under § 8-24-102, fees paid the sheriff as a witness for appearing in court, the boarding of prisoners at the county jail, ex officio services, or fees from any other source whatsoever, except that this provision and the provisions of subdivision (a)(2) are not intended to prevent the county legislative body from paying the sheriff in such county an amount in addition to the maximum salary allowed by § 8-24-102 for ex officio services as superintendent of the workhouse, if the workhouse in such county is combined with the jail as provided for by title 41, chapter 2.

 

Questions:

1) What is the maximum salary in 103 that references 102?

2) Can a supplement be given for a workhouse if the county does not have a workhouse?

3) For purposes of 8-24-11 and/or any other statute, is the jail considered an ex officio service?

4) Is the commission required to give the sheriff any pay supplement above the minimum (excluding the Court Clerk supplement that requires an additional 10%)?

 

Sincerely,

Tona

2 thoughts on “Pay supplements aren’t required

  1. Joe McCulley made a motion several years ago, when he was a commissioner, to reduce the supplement pay of these county office holders but could not get a second.

  2. Pingback: Blount County taxpayers are paying $96,717 more than state minimum for 4 elected officials | Blount County (BC) Public Record

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