Alabama Attorney General Opinion 1979-0159

OFFICE OF THE ATTORNEY GENERAL r79- OD l59 CHARLES A. GRADDICK LEE L. HALE ATTORNEY GENERAL DEPUTY ATTORNEY GENERAL STATE OF ALABAMA WILLIAM M. BEKURS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL APR 26 1979 ADMINISTRATIVE 1111.111.0111113 54 UNION MONTGOMERY, ALABAMA 24130 AREA 12051.024-5150 JANIE NOBLES ADMINISTRATIVE ASSISTANT Mr. Sylvester Anton Circuit Clerk of Walker County Walker County Courthouse Jasper, Alabama 35501 Walker County - Circuit Clerks - Compensation Walker County must pay its Circuit Clerk a supplement only if the Clerk's salary is of a smaller ratio with the salary of the County Circuit Judges than ratio on January 16, 1977. Dear Mr. Anton: Reference is made of your request for an opinion from the Attorney General as to whether Walker County should pay you, the Circuit Clerk of that County, a supplement in ac- cordance with Code of Alabama 1975, Section 12-17-92, You set out the following question; I was paid a salary from Walker County on January of '77. Also the county paid me a supplement of $200.00 per month. My salary was $700.00. In May of '77 a bill was introduced and passed stopping my supplement from the county. I have enclosed a copy Mr. Sylvester Anton Page Two of it, also, a copy of the one where I was to get the supplement. Am I now entitled to go back to the county and receive this as your opinion states? Code of Alabama 1975, Section 12-17-92, states: "(a) Each circuit clerk shall be com- pensated by the state at a salary es- tablished by law; provided, that circuit clerks who, prior to January 16, 1977, were compensated by salary, shall each receive a supplemental salary from the general fund of such counties in an amount sufficient to maintain their total salaries at the same relationship which salaries of circuit clerks of the respective counties bear on January 16, 1977, to salaries of circuit judges in their respective counties. "(b) Notwithstanding the provisions of subsection (a) of this section for sup- plemental salary for circuit clerks, any county may, pursuant to a local act al- ready enacted or hereafter enacted, pay a circuit clerk a supplemental salary from the general fund of such county in excess of the supplemental salary pro- vided for by this section. (Acts 1975, No. 1205, §7-104.)" Under this section the county is required to pay you a supple- mental salary only if the salary you now receive from the State is of a smaller ratio with the salary of the circuit judge of your county than the ratio your salary bore with that of the circuit judge on January 16, 1977. If the ratio of your salary with that of the circuit judge is now the same or is greater than that ratio on January 16, 1977, you are not to receive a supplement from a county under Section 12-17-92(a). CHARLES A. GRADDICK Attorney General By - L NDA F. KNIGHT Assistant Attorney General Mr. Sylvester Anton Page. Three Section 12-17-92 does not reinstate the supplement you were receiving under Act No. 104 of the 1971 Legislative Session. This was validly repealed by Act No. 744 of the 1977 Legislative Session. If our office can be of further assistance to you, please do not hesitate to call on us. Sincerely, LFK;mi .11