Alabama Attorney General Opinion 1979-0053

THE ATTORNEY GENERAL STATE OF ALABAMA • MONTGOMERY, ALABAMA 36130 7r) -2 a-J-04 Liv '74- 00053 CHARLES A. GRAM:SICK ATTORNEY GENERAL Honorable John B. Green Circuit Clerk 30th Judicial Circuit P. 0. Box 69 Oneonta, Alabama 35121 Clerks and Registers Clerk cannot receive supple- ment from county under Code of Alabama 1975, Section 12-17-92 when circuit judges salary is increased if former clerk was on fee system. Dear Mr. Green: Reference is made to your request for an opinion from the Attorney General concerning Code of Alabama 1975, Section 12-17- 92. You asked the following question: Per my request, and the decision rendered on May 25, 1978. Would it be possible to incorporate within, the effects of 1205-7- 104 on future increases the circuit judges may receive. In a telephone conversation, you gave a further explanation of your request: The individual who served as clerk prior to you was compensated on a fee basis. When you took office as clerk in January 1977 you were placed on a salary basis. You want to know if, under Section 12-17-92, supra, you as clerk can receive future increases in salary when the circuit judges in your county receive an increase in salary. You stated that the circuit judge in your county had recently received a 2-1/2% increase in salary. Honorable John B. Green Page 2 Code of Alabama 1975, Section 12-17-92(a) states: (a) Each circuit clerk shall be compen- sated by the state at a salary established 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. In an opinion to you from the Attorney General, dated May 25, 1978, it was concluded that you as clerk could not receive a supplement in salary from the county when you took office on January 16, 1977 under the above-quoted statute because the former clerk was on a fee basis. The mandatory supplement from the county for clerks required by Section 12-17-92 applies only to clerks who were on a salary basis prior to January 16, 1977. Furthermore, it is also the opinion of this office that future increases in salary can be granted under Section 12-17- 92(a) only to those clerks who were on a salary basis before January 16, 1977 when the circuit judges in that county received an increase in salary so as to maintain the same relationship in salaries as before January 16, 1977. However, Section 12-17-92(b) would permit the counties which had clerks on a fee basis prior to January 16, 1977 to pay their clerks supplemental salaries pursuant to local acts. Therefore, you may receive a supplement in salary from your county if that county will have the Legislature to enact a lockl act providing for that increase. CHARLES A. GRADDICK Attorney General By- L NDA F. KNIGHT Assistant Attorney General Honorable John B. Green Page 3 If our office can be of further assistance, please do not hesitate to contact us. Very truly yours, LFK/sg