County court may pay premiums on group insurance policy covering county officers and employees whose salaries are set by county court or other county officers or circuit judge.

OFFICERS: INSURANCE: COUNTY OFFICERS: County court may pay pr emiums on group insurance policy coverin~ county officers and employees whose salaries are set by county cour t or other county officers or circuit judge . April 6, 1971 Op. No . 140- 1976 should always be sent with this Honorable Fred E. Copeland State Representative District No. 159 State Capitol Buildin~ Jefferson City, ~issouri 65101 Dear Representative Coneland : opinion. OPINION NO. 11 This letter is in response to your request for an opinion of this office in which you ask : "Can a county court purchase group hospital insurance for its nonelected employees such as road employees, deputy clerks, etc. as a form of comoensation consistent with opinion 93 Cason 1969?" We consider this a request which asks if the nonelected em- ployees of New Madrid County may have paid for them , as a part of their compensation, the premium o~ a group hospital insurance program. Initially, a discussion should involve the county court . A search of the Missouri statutes reveals no express authority which authorizes a third class county to employ individuals to assist the county court in carrving out its exnress powers. It would ap- pear , however , that the Supreme Court of Missouri has addressed itself to this problem in the case of Aslin v. Stoddard County (Mo . Sup . 1937) 106 S.W.2d ~72, where the court states at pa~e ~75: 11By section 2078 , R.S.l929, Mo.St.Ann. § 2078 , p . 2658, [now Section 49 . 270, RSMo 1969] it is provided that the county court ' shall have control and management of the nropertv, real and nersonal, belon~1n~ to the county. ' This exnr ess authority and duty carries with it the necessarily imnlied authority to emolov such labor and service as may reasonably be requisite in order to effectuate the express Honorable Fred E. Copeland power ~ranted . Of such character is the work of a janitor , such as plaintiff herein. By the order of court and the contract pursuant thereto emplo~in~ him he did not become an of- ficer of the county, but onlv an emnlovee , to whom no attemnt was made to dele~ate ~overn­ mental or other such functions o~ the court which from time to time mi~ht involve matters of discretion to be exercised bv that body . II Thus, it would annear that the language of the court clearl~ authorizes third class county courts to emnloy individuals whose labor and service are reasonabl~ necessary in order that the county court may carry out the exnress nowers granted to it by statute. Thus , havin~ determined that the count~ court of a third class county may emnloy those individuals reasonabl~ necessary to effec- tuate the exoress powers ~ranted to the county court, the ouestion becomes one of whether the county court must limit the form of compensation to be paid such employees to le~al tender, or whether the county court may compensate its emnloyees by a combination of legal tender, and the payment of the premium of a group hospitali- zation insurance policy . Reference should be had to Opinion of the Attorney General No. 93 , Cason, 9- 9- 69, from which it can be seen that this office has held that the term "compensation" is generally interpreted so as to include the ourchase of insurance for an emnlo~ce . In liRht of the fact that there is no statutory prohibition as to the pur- chase of ~ roup hospitalization insurance on emnloyees which the county court may hire and compensate , it is the conclusion of this office that as to those employees which the county court may hire and compensate, the county court rna~ in its discretion pay the premium on a hospitalization insurance policy as a part of said employees ' comnensation. Consistent with Section 51 .~ 50, RSMo 1969, the county clerk in third class counties is entitled to employ deouties and assis- tants and determine the compensation to be naid said deputies and assistants. It would anoear to be a matter of discretion , under para~raph l of Section 51 . 450, with the county clerk as to the number of deputies and assistants that he may need at a v,iven time and the compensation that is to be paid them: "1. The clerk of the county court in each county of the third class is entitled to em- ploy deouties and assistants, and for the denuties and assistants, is allowed the fol - lowin~ sums : * * * - 2- Honorable Fred E . Coneland " (It) I n counti es havinr- a ponulation of tvrenty thousand, and less than twenty-four thousand , the sum of seventy-five oercent of the salary of the countv clerk; * * * " 2 . The county court in all counties of the third class may allow the county clerk , i n ad- dition to the amount herein snecif1ed fo r deo- uties ' or assistants ' hire, a further s um not to exceed one thousand dollars per annum, to be used solely for clerical hire or allowed and paid , in whole or in part, as additional com- pensation to any r egular deoutv or assistant to be determined by the countv court of the county; but the county court shall determine that the work required t o be done by the clerks demands or renuire s the extra remune ration. "3 . In addition to salaries fixed by this sec- tion the deputy county clerk shall rece i ve one thousand dollars a year navable out of the county treasury." This office has previously held in Opinion of the Attorney General No . 93 , Cason, 9- 9- 69, that the term "compen sation" is generally interpreted so as to include the purchase of insurance for an employee , thus, it would apnear, that thos e employees hired by the county clerk consistent with Section 51 .450[1] (4) may have a part of their comoensation paid t o them in the form of a nremium on a hospitalization insur ance nolicy . A full readin~ of Section ?1 . 450[1] (4) indicates that inittal discretion as to the payment of a premium on a ~roup hospit aliza- tion insurance policy covering, the deputies and assistants of the clerk of the county court, resi des with the clerk of the county court. If, in the first instance, the clerk of the county court authorizes the payment of a premium on a hospitalization insurance policy for his deputies and assistants, and secondarily the county court agrees that the deputies and assistants of the county clerk may participate in a group nolicy covering all emnloyees over which the county court has authority, t he denuties and assistants of the county clerk may par ticipate in anv group hospitalization insur- ance policy purchased by the county court on payment of the requi - site premiums. As to the sum authorized consistent with Section 51 .450[2] , as additional compensation to any re~ular deouty , the county court - 3- Honorable Fred E. Copeland has the discretion to determine if nart of this sum may be used toward the oavment of a oremium on a ~roun hospitalization insur- ance DOlley. As to the suM authorized to be paid to the denutv clerk con- sistent with Section 51.450[3] , as additional comoensation to the foregoing sections, the intent would annear to be clear that this section is restrictive in its content in that this section autho- rizes the payment of one thousand dollars a year in soecie from the county treasury to the denuty countv clerk, and does not au- thorize compensation to be paid in any other form. Consistent with Section 483.345, RSMo 1969 , the circuit clerk of a third class county is given the authority to anpoint deputies and assistants with the approval of the Jud~e of the circuit court, with the jud~e of the circuit court fixing the compensation of such deputies or assistants by court order: "Every circuit clerk in counties of the third and fourth classes shall be entitled to such number or denuties and assistants to be ap- pointed by such orficial, with the anproval of the judge of the circuit court, as such jud~e shall deem necessary for the prompt and proper discharge of the duties of his office . The judge of the circuit court, in his order permittin~ the circuit clerk to anpoint depu- ties or assistants, shall fix the com~ensa­ tion of such deputies or assistants which order shall designate the period of time such deouties or assistants may be emoloyed. Every such order shall be entered on record, and a certified copy thereof shall be filed in the office of the county clerk. The cir- cuit clerk may, at any time, discharge any deputy or assistant and may re~ulate the time of his or her employment, and the circuit court may at any time modify or rescind its order permittin~ an appointment to be made ." As can be seen from the foregoin~ section, both the amount and form of the comoensation to be paid deputies and assistants of cir- cuit clerks is to be set in the discretion of the judge of the cir- cuit court. In li~ht of the fact that this office has held, in Opinion No. 93, Cason, 9- 9- 69, that the term "compensation" is generally interpreted so as to include the purchase of i nsurance for an employee, it is the conclusion of this office that consis- tent with Section 483.345, the judp,e of the circuit court has the discretion to order the payment of a premium on hospitalization -4- Honorable Fred E. Copeland insurance as a form of compensation to the deouties and assistants appointed thereunder . Additionally , it would apnear that on au- thorization of the circuit jud~e, and annroval by the county court, those employees anpointed under Section 483 . 345, may narticipate in any ~roun hosoitalization insurance oro~ram authorized by the county court. Consistent with Section 59 . 257 , RS~o 1969 , the recorder of deeds in a third class county, where there is a senarate circuit clerk and recorder, is given the authority t o annoint deouties, and set their salaries, with the annroval of the county court: "The recorder of deeds in count1es of the third class, wherein there is a separate circuit clerk and recorder, is entitled to anpoint the deputies that the recorder of deeds, with the aonroval of the county court, deems necessary for the promnt and proper d1schar~e or the duties of his office . The denuties shall pos- sess the aualifications or clerks or courts of record and may , in the name of their princioal , perform the duties of the recorder of deeds , but all recorders of deeds and their sureties are responsible for the official conduct of their deputies. The deputies appointed as herein provided shall receive the salaries that are fixed by the recorder of deeds, with the approval of the countv court, from the general revenue of the county. The anpoint- ment of every deputy shall be in writin~, en- dorsed with an oath of office similar to that taken by the recorder of deeds and subscribed to by the deputy appointed, and filed hy the recorder with the county court . 11 As can be seen by a full readin~ of the section cited above, tne recorder of deeds in the first instance determines the salaries of his deputies, with the apnroval of the county court. In light of the fact that this office has held, in Opinion No . 93 , Cason, 9- 9- 69, that the term 11 comnensation 11 is r;enerally interpreted so as to include the purchase of insurance for an emoloyee , as to those deputy recorders hired pursuant to Section 59 . 257 , there- corder may authorize the payment of a nremium on a hospitalization insurance policy as a form of compensation, and if this authoriza- tion is approved by the county court, the court may pay as a form of compensation, the premium on a group hospitalization insurance policy. Consistent with Section 56.245, RSMo 1969, the prosecuting attorney of a third class county is ~1ven the authority ~o hire -5- Honorable Fred E. Copeland such steno~raohic and clerical heln as is necessary, and to set their salaries , on the apnroval of the county court, not to exceed four thousand dollars ner year per emnloyee: "The prosecutin~ attorney in counties of the third and fourth class may employ such steno- ~raphic and clerical heln as may be necessary for the efficient oneration of his office . The salary of any stenographer or clerk so em- ployed shall be fjxed by the oror,ecutinr; attor- ney with the annroval of the county court to be paid by the county but such salary shall not exceed four thousand dollars per year in third class counties and one thousand eight hundred dollars per year in fourth class counties ." As can be seen from the foregoing section, the salar y to be paid a specific employee under Section 56.245 may not exceed a set statutory maximum . In li~ht of the fact that the salaries to be paid under Section 56 . 245 are onen- ended to the extent that they may not exceed a maximum, we believe that within the maximum au- thorized, an employee may be compensated both in specie, and in the form of payment of a premium on an insurance policy, so long as the cumulative value of compensation does not exceed the statu- tory maximum. Thus , it is our conclusion that the prosecuting attorney may , in the exercise of his discretion , authorize the payment of a pre- mium on a hospitalization insurance policy as a form of compensa- tion for his stenogranhic and clerical help, and if this authoriza- tion is approved by the county court , the steno~raphic and clerical help authorized under Section 56 . 245 , may have the nremium of a hospitalization insurance policy paid for them as a rorm of com- pensation. By Section 56 .240 , RSMo 1969, the prosecuting attorney of a third class county is authorized to apnoint one assistant nrose- cuting attorney . It would appear that the comoensation to be paid to that assistant orosecutin~ attorney shall be paid by the oro- secuting attorney, except there may be paid out of the county trea- sury , in the discretion of the county court, a sum not to exceed three thousand six hundred dollar~ a year in a third class county which has a oopulation of over thirtv thousand: "The prosecutinrr attorney in counties of the third and fourth classes may annoint one as - sistant prosecuting attorney who shall possess all the qualifications of a prosecuting at- torney and be subject to all the liabilities -6- Honorable Fred E . Copeland and penalties for failure or ne~lect to dis- char~e his duty to which prosecutin~ attorneys are liable. The appointment of the assistant prosecuting attorney shall be made tn writin~ and filed by the prosecutin~ attorney , and such assistant prosecutin~ attorney shall take and subscribe to the oath or affirmation of office reouired of prosecutin~ attorneys, which appointment and oath or affirMation of office shall be filed in the office of the clerk of the circuit court of the county. The ass istant prosecutin~ attorney shall dischar~e the duties of the prosecutin~ attorney when the orosecu- tin" attorney is sick or absent from the county, or when the prosecuting attorney is en~aged in the discharge of the duties of his office so that he cannot attend. In counties of the third class the assistant prosecutin~ attor- ney shall assist the prosecutin~ attorney in any case when requested to do so by the nro- secuting attorney, but the former shall be disqualified from defendin~ in any criminal case. The ~omne n sation of an assistant pro- secuting attorney in third class counties shall be paid by the prosecutin~ attorney; ex- cept that, with the apnroval of the county court in a county of the third class which contains more than thirty thousand inhabitants or in a county of the third class which contains oart of a city of at least three hundred thousand inhabitants, an assistant may be naid out of the county treasury an annual salary not to exceed three thousand six hundred dollars . In counties of the fourth class the assistant prosecutinR attorney shall be paid only by the prosecuting attorney and may assist the prosecutin~ attorney at his request in any case and the former shall not be disqualified from defendin~ in any case, civil or criminal , ex- cept those in which he h~s acted as assistant prosecutin~ attorney . " [emnhasis added] As can be seen from a full readin~ of Section 56.240 , comnen- sation authorized to be paid out of the county treasury for an as- sistant prosecuting attorney may not exceed a statutory maximum of three thousand six hundred dollars per year. As we have nreviously held, where a specifjc statutory maximum in dollars is set by a statute, it is our conclusion that comnensation may take the form -7- Honorable Fred E. Copeland of both payment in specie, and the payment of a premium on an in- surance policy , with the cumulative value of both specie and nre- mium payment, not to exceed the statutory maximum. Thus, we con- clude that the county court may authorize the payment of the premium on a hospitalization insurance policv as a form of comnensation for the assistant prosecutin~ attorney . which the court has elected to compensate , apnointed consistent with Section 56.240. We note, however, that the last decennia l census reports that New Madrid County has a oonulation o f 23 ,4 20 , and thus it ts our conclusion that the comnensation for the assis tant prosecutin ~ at- torney of New Madrid County shall be na1d b y the prosecutin~ a ttorney. 'rhe sheriff of a third class county is p;t Yen the authority to appoint those necessary denuties and assist ants, with such apooint- ments b ein~ made on the aonroval of the jud ~e o f the circuit court . Additionally, the jud~e of the circuit court is given the authority, by court order , to fix the comnensation of said deputies and assis- tants consistent with Section 57.250, RSMo 1969 , which states, in pertinent nart : "The sheriff in counties of the thi rd and fourth classes shall be entitled t o such num- ber of deputies and assistants, to be appointed by such official, with the anproval of the jud~e of the circuit court, as such jud ~e shall deem necessary for the promnt and proper discharge of his duties relative to the enforcement of the criminal law of this state. The jud~e of the circuit court, in his order permitting the sheriff to appoint deputies or assistants, shall fix the compensation of such deouties or assis - tants. . . . " Thus, in li~ht of the fact that we have held, in Oninion No. 93, Cason, 9-9- 69 , that the term "compensation" i s ~enerally inter- preted so as to include the purchase of insurance for an emnlovee , it is the conclusion of this office that cons istent with Section 57 . 250, the judge of the circuit court may in his discretion au- thorize by court order , the payment of a hospitalization insurance policy as a part of the comnensation of deputies provided for un- der this section . Additionally, it is our further conclusion, that with the ao- proval of the county court, those deputies and assistants within Section 57.250, authorized by the circuit judge to receive as a form of their compensation the payment of a premium on a group hospitalization insurance policy , may particinate in any policy authorized by the county court for the employees under its autho- rity to compensate. - 8- Honorable Fred E. Copeland A county collector of a third class county is given authority to appoint deputies consistent wjth Section 52.300 , RSMo 1969, which reads in pertinent part: "Collectors may annoint denuties, by an instru- ment in writtn~, duly si~ned , and may also re- voke any such aonointment at their pleasure, and ~ay require bonds or other securities from such deputies to secure themselves; .. . " Further, by Section 52 . 280, RSMo 1969, a county collector of a third class county is authorized to retain fees for the payment of deputy and clerical hire: "In addition to the maxir.lUm amount of fees and commisstons permitted to be retained by county collectors in sections 52 . 260 and 52.270 , each collector in counties of the third and fourth classes may retain for the payment of deputy and clerical hire a sum not to exceed seventy percent of the maximum amount of fees and commissions which the officer is permitted to retain by the sections , but the denuty and clerical hire is payable out of fees and com- missions earned and collected by the officer only, and not from general revenue ." As can be seen from the fore~oin~ section, the county collec- tor is authorized to comnensate deputy and clerical hire from a sum not to exceed seventy percent of the maximum amount of fees and com- missions which the collector is himself permitted to retain . In light of the fact that the form of compensation is not ljmited , it is our conclusion that since we have held, in Oninion No. 93, Cason , 9- 9- 69, that the term "compensation" is ~enerally interpreted so as to include the purchase of insurance for an employee, the county collector of a third class county, not a township county, may in his discretion pay as a form of comnensation , the premium on a hospitalization insurance policy for those deouties and clerical assistants authorized consistent with Section 52 . 280 . Additionally, it is our further conclusion that on the approval of the county court, the employees hired consistent with Section 52 . 280 , who have had authorized for them by the county collector , the payment of a premium on a hospitalization insurance policy as a form of compensation, may participate in any group hospitalization pro~ram authorized by the county court for the employees for which it is authorized to compensate . A county assessor of a third class county is ~ iven authority to appoint and fix the comnensation of such clerical or stenogranhic - 9- Honorable Fred E . Coneland assistants as may be necessary, with the settin~ of the comnensa- tion of such assistants to be subject to the anproval of the county court by Section 53 . 095, RSMo 1969, \'Thich states: "The county assessor in each county of classes three and four May annoint and fix the comuen- sation of such cl~rical or stenoqranhic assis- tants as may be necessary for the efficient nerformance of the duties of his office . The compensation of the cl~rical or steno~raphic assistants shall be naid from the county trea- surv subject to the annroval of the county court, and shall not exceed twelve hundred dol- lars per annum in counties of class three and six hundred dollars ner annum in counties of class four .. , As can be seen from the fore~oin~ section, the only aualift- cation as to comoensation of clerical or steno~ranhic assistants of a county assessor 1s that the total payment for all employees cannot exceed twelve hundred dollars ner year in third class coun- ties. As we have previously held, where a statute sets a maximum within which an emoloyee may be comnensated, it is our conclusion that the compensation which may be naid that emnloyee may consist of both specie and the payment of' the premium on an insurance nol- icy. Thus, it would annear that consistent with Section 53 . 095, the assessor may in his discretion, and with the annroval of the county court, authorize payment of the premtum on a ~roup hospi- talization insurance nolicy for those emplovees anpointed consis- tent with Section 53 . 095 . Additionally, the assessor of a third class county is given the authority to anpoint a denuty assessor consistent with Section 53 . 060, RSMo 19G9 , which states : "Each deputy assessor shall take the same oath and have the same power and authority as the assessor himself . The assessor is resnonsible for the official acts of his deputies ." It would apnear, however, after a revie~ of the statutes re- latin~ to assessors and their denuties in counties of the third class that no provision exists for the payment of compensation to such deputies. This office has by former Opinion No . 17, Clemens, 2-4-50. held that counties of the third class mav not comoensate deputy . assessors in li~ht of the fact that no sr~cific provisions of law provide for sain denuty assessors ' compensation . The con- clusion in that opinion was necessitated by the case of Alexander v. Stoddard County (Mo . Sup . 1948) 210 S.W. 2d 107 in which the court stated at pav,e 109 : -10- -- Honorable Fred E. Copeland " In any event the legislature has the power to fix and limit the salaries of deputies and 'As a general rule compensation for services rendered by assistants, deputies, and other employees can be allowed directly to them or to their superiors only as authorized by law; and where no provision i s made for the payment, or for the appointment or employment of depu- ties and assistants , the latter must look ex- clusively to their employers for comnensation, and such employer cannot look to the county for reimbursement . .. . '" [emphasis added] Thus, it would appear that the employment and compensation of a deputy assessor of a third class county is one of private con- tract. Consistent with Section 54.010, RSMo 1969 , the office of coun- ty treasurer is created in all counties of the state. There are, however , no constitutional or statutory provisions for the appoint- ment of clerk and stenographic hire, or the appointment of deputy county treasurers in a third class county. Dy former Opinion of this office , however, No. 40 , Hill, 3- 13- 50, in reliance upon Brad- ford v. Phelps County (Mo.Sup. 1948) 210 S.W.2d 996 , it was held that the county court of a third class county, not under township organization , could pay stenographic help for a county treasurer . Inasmuch as there is no statutory prohibition as to the form that compensation may take as to a stenographer employed by the county treasurer , it is the conclusion of this office that in light of the fact that we have held, in Opinion No. 93 , Cason, 9-9-69, that the term "compensation" is generally interpreted so as to include the purchase of insurance for an employee, the county court may in its discretion, as a form of compensation, pay the premium on a hospi- talization insurance policy for the clerical or stenographic assis- tant of the county treasurer of a third class county . The office of coroner is established in every county of the state consistent with Section 58 . 010 , RSMo 1969 , but it would ap- pear , after a review of the statutes relating to coroners, that no provisions exists for the appointment, nor compensation of deputies or assistants to the coroner in counties of the third class. Consistent with Section 61 . 160, RSMo 1969 , the county court of a third class county is authorized to appoint a highway engi- neer, and the county court is further authorized consistent with Section 61 .190(2) , RSMo 1969, to pay the county highway engineer an annual salary not to exceed six thousand dollars per year: -11- Honorable Fred E. Copeland " 2. In all counties of the third and fourth class the county highway engineer shall re- ceive an annual sal~rv, to he fixed by the county court, of not to exceed six thousand dollars per year in counties of class three, II Additionally, the county enP,ineer may aonoint, with the ao- proval of the county court, assistants, whose com~ensation is to be fixed by the county court, consistent with Section 61.200, RSMo 1969, which reads in pertinent part: " ... In the event that the county highway engineer cannot properly perform all the du- ties of his office, he shall, with the an- oroval of the court, ap~oint one or more assistants, who shall receive such comoensa- tion as may be fixed by the court . " It would aooear then, that as to the county highway engineer compensated pursuant to Section 61.190(2), our previous conclusion that when a statute sets a maximum amount over which an employee may not be paid, that within that maximum amount an emoloyee may be compensated in both specie, and by the payment of a premium on an insurance policy, is aoplicable. Thus , it is our conclusion that in light of the fact that we have previously held , Opinion No . 93 , Cason, 9-9-69, that the term "compensaton" is generally inter- preted so as to include the nurchase of insurance for an employee, the county court may in its discretion pay the premium on a hospi- talization insurance policy as a form of comnensation for the county engineer . Likewise, since the form of comnensation to be paid the assistants of the hiRhway engineer pursuant to Section 62 .200 is not limited in form, it is the further conclusion of this office that the county court may in its discretion pay the premium on a hospitalization insurance policy as a form of compensation for these assistants . A ma~istrate judge of a third class county is ~i ven the au- thority, consistent with Section 483 .485 , RSMo 1969, to appoint a clerk and such deputies and emoloyees as are necessary, and is given the authority to fix their salaries, said salaries to be paid by the state. Additionally, the county court of a third class county is authorized to nrovide additional clerks, deouty clerks, and other employees and to provide for the payment of salaries in addition to the amounts payable by the state. Section 483.485, RSMo 1969, in pertinent part reads: "In all counties each mao:istrate shall by an order duly made and entered of record ap~oint - 12- Honorable Fred E. Copeland and fix the salary of a clerk of his court and may appoint such deputies and employees as may be necessary for the proper dispatch of the business of his court and fjx their salaries at such sum as in his discretion may seem pro- per . The total salaries of clerk, deputies and other employees paid by the state shall in no event exceed the annual amount fixed in sec- tion 483 . 490 for clerk and deputy clerk hire of such courts; provided, that in any county where need exists, the county court is hereby authorized , at the cost of the county, to pro- vide such additional clerks , deputy cler ks or other employees as may be required and to pro- vide funds for the payment of salaries or parts of salaries of cler ks, deputy clerks and other employees , in addition to the amounts payable by the state . . . " The amount of salary, payable by the state, for clerks, deputy clerks , and other employees of ma~istrate courts is set out in Sec- tion 483 . 490, RSMo 1969 . In light of the fact that the last decen- nial census discloses that the population of New Madrid County is 23 , 420 and the assessed valuat ion is reported as $61,291 , 016, the pertinent parts of Section 483.490 , RSMo 1969 , would appear to be as follows: "1. Salaries of clerks , deputy clerks and em- ployees provided for in section 483.485 shall be paid by the state within the limits herein provided upon requisition filed by the judges of the magistrate courts ; except that the sal- aries of clerks , deputy clerks and employees of additional magistrates whose offices are created by order of the circuit court as pro- vided in section 482 . 010, RSMo, shall be paid by the county as the salaries of such magis- trates are required to be paid . The total amount that may be paid by the state in any one year for such cl erks, deputy clerks and employees of the magistrate courts in the dif- ferent counties shall not exceed the following sums: * * * "(6) In counties now or hereafter having a population of more than fifteen thousand in- habitants but not more than thirty thousand - 13- Honorable Fred E . Copeland inhabitants, with an assessed valuation of more than twenty-four Million dollars, the sum of ·rive thousand n ine hundred dollars; provided, that in all such counties in which the probate court is reou1~ed by law to be held in more than one place such salaries s hall not exceed the sum of eleven thousand ei ~h t hundred dollars; * * * 11 2 . The salaries of such clerks, deputy clerks and employees shall be fixed by the ~a~istrate, or ma~istrate court if the magistrates are or- ganized into a court with divisions. When the jud~e of the probate court is also judRe of the magistrate court, such jud~e , in his discre- tion, may desi~nate one or more o f such clerks, deputy clerks , or employees as clerks, depu- ties or emnlo~tees in the probate court." It is the conclusion of this office that since the sections authorizin~ money to be allocated for nayment o f salaries or parts of salaries by the state provide for payment in cash no discretion resides in the magistrate or any other county official to nrovide for payment of insurance premiums out of the money paid by the state. It would apnear , however, that consistent with Section 483.485, where the county court has authorized payment of snlaries for clerks, den- uty clerks or other emnloyees of the magistrate court in addition to the amount paid by the state, the countv court may in its d i s- cretion pay the premium on a hospitalization insurance policy as a form of compensation to these clerks, deputy clerks , and other em- ployees from monies authorized by the county court. Additionally, consistent with Section 482 .010(3), RSMo 1969, an additional mar,istrate may be created by order of the circuit court, and the clerk, deputy clerks, and emnloyees of said addi - tional ma~istrate are to be naid by the county consistent with Sec- tion 483.1190, RSf·1o 1969 , which states: 11 • • • the salaries of clerks, deputy clerks and emoloyees of additiona l mag i stra tes whose offices are created by order of the circuit court as provided in section 482.010, RSMo, shall be paid by the county as the salaries of such ma~istrates are required to be paid . II - 14- Honorable Fred E. Copeland Dy former opinion of this office, Opinion No . 275 , Lauderdale, 8- 7- 63 , this office held that when a magistrate, whose office is created by order of the circuit court appoints a deputy clerk and fixes the salary within the statutory limits , the county court must pay such salary and may not reduce it . I t would appear then, that the compensation for clerk, deputy, and other employees hired by a magistrate pursuant to Section 483.490, is not limited as to form, and thus in light of the fact that we have by previous opinion, Opin- ion No. 93, Cason, 9-9-69, held that the term "compensation" is generally interpreted so as to include the purchase of insurance for an employee , it is the conclusion of this office that the magis- trate judge who has been appointed under Section 482.010(3) may , in his discretion, authorize the payment of the premium on a hos- pitalization insurance policy as a part of compensation of those employees compensated pursuant to Section 483 . 490 . Consistent with Section 483.475, RSMo 1969, a probate judge of a county having more than thirty thousand inhabitants is given au- thority to appoint his own clerk, assistants, and stenographers and determine the number of said employees, and their salaries by court order . It would appear , however, that New Madrid County does not come within the foreRoing section because, as the last decen- nial census indicates, New Madrid County has a population of 23 , 420 . 1 Thus the provision for a probate clerk of New Madrid County falls within Article V, Sections 17 and 26 , of the Constitution , which provides: "Probate courts shall be courts of record and uniform in their organization, jurisdiction and practice, except that a separate clerk may be provided for, or the judge may be re- quired to act ex officio as his own clerk. * * * 1By reference to Section 1.100, it can be seen that the last decennial census became effective for the purposes of deputy and assistant hire January 1, 1971: " ... for the purposes of ascertaining the salary of any county officer for any year or for the amount of fees he may retain or the amount he is allowed to pay for deputies and assistants the effective date of the 1960 de- cennial census of the United States is January 1 , 1961, and the effective date of each succeeding decennial census is January first of each tenth year after 1961. " -15- Honor able Fred E. Copeland "Appellate and probate courts shall aopoint their own clerks." By previous opinion of this office, Opinion Attorney General No . 10, Boyer , 3-26- 54 , we held that while a probate clerk may be appointed in a county having less than thirty thousand, no provi- sion is found for compensating such a clerk, and thus we conclude that the probate clerk of New Madrid County must look to the pro- bate judge for compensation. We are enclosing Opinion Letter No. 196 rendered March 22 , 1971, to Vic Downing holdin~ that the pro- bate judge will become ex officio magistrate July 1, 1971. Consistent with Section 473.730, RSMo 1969, New Madrid County has a public administrator. There is, however, no statutory re- ference authorizing the appointment of deputies, clerks or assis- tants . As such, we find your question in the instant case inappli- cable to the public administrator of New Madrid County. Consistent with Section 60.090 , RSMo 1969, the county surveyor of New Madrid County may in his discretion aopoint deputies: "Deputies may be appointed by any surveyor who , before they proceed to discharge their duties, shall take an oath well, truly and faithfully to discharge the duties of deputy surveyors." It would appear, however, after a review of the statutes that no provision exists for the payment of compensation of such depu- ties , and the reasoning of the Missouri Supreme Court in Alexander v. Stoddard County, supra, becomes pertinent. In that case the court stated at page 109: "In any event the legislature has the power to fix and limit the salaries of deputies and ' As a general rule compensation for services rendered by assistants, deputies, and other employees can be allowed directly to them or to their superiors only as authorized by law ; and where no provision is made for the pay- ment, or for the appointment or employment of deputies and assistants, the latter must look exclusively to their employers for compensa- tion, and such employer cannot look to the county for reimbursement • ... '" Therefore, it apoears that while a county surveyor of a third class county may employ as many deputies as he may need, the county court may not be obligated to pay said deputies out of county funds , but said deputies must look to the assessors for their compensatio~. -16- Honorable Fred E. Copeland CONCLUSION It is therefore the conclusion of this office that: (1) As to those employees which the county court may hire and whose compensation is fixed by the county court, the county court may in its discretion pay the premium on a hospitali zation insurance policy as a part of said employees' compensation. (2) When a statute sets an open- ended amount which compen- sation may take, for an employee not to exceed a statutory maxi- mum, within the maximum authorized, an employee may be compensated both in specie, and in the form of payment of the premium on an insurance policy, so long as the cumulative value of compensation does not exceed the statutory maximum. (3) Those employees hired by the county clerk consistent with Section 51 .450[1] (4) , RSMo 1969, may have a part of their compen- sation paid to them in the form of a premium on a hospitalization insurance policy. (4) If, in the first instance, the clerk of the county court authorizes the payment of a premium on a hospitalization insurance policy for his deputies and assistants, and the county court secon- darily agrees that the deputies and assistants of the county clerk may participate in a group policy which has been purchased by the county court for the employees which it comoensates , the deputies and assistants of the county clerk may participate in any group hos- pitalization insuranc~ policy purchased by the county court . (5) The county court has discretion to determine if part of the sum paid to regular deputy county clerks, consistent with Sec- tion 51.450[2] , RSMo 1969, may be used toward the payment of a premium on a group hosnitalization policy . (6) As to the additional compensation authorized to be paid to the deputy clerk consistent with Section 51 .4 50[3] , RSMo 1969, this section is restrictive in its content in that it authorizes only the payment of the additional compensation, in specie, and does not authorize compensation to be paid in any other form. (7) The judge of the circuit court has the discretion to order the payment of a premium on hospitalization insurance as a form of compensation to the deputies and assistants of the circuit clerk appointed under Section 483 . 345, RSMo 1969. (8) On authorizaton of the circuit judge , and approval by the county court, those employees of the circuit clerk appointed under Section 483 . 345, RSMo 1969 , may participate in any group hospital- ization insurance program authorized by the county court. - 17- Honorable Fred E. Copeland (9) Deputy recorders hired pursuant to Section 59.257 , RSMo 1969 , may have paid for them , as a form of compensation, the premium on a group hospitalization insurance policy if the recorder of deeds , in the exercise of his discretion , with the approval of the county cour t , authorizes such action. (10) The nrosecuting attorney of a third class county may, in the exercise of his discretion , authorize the payment of a premium on an insurance policy as a form of compensation for his steno- graphic and clerical help, and if this authorization is approved by the county court, the steno~raphic and clerical help authorized under Section 56 . 245, RSMo 1969 , may have the premium on a hospital- ization insurance policy paid for them as a form of compensation . (11) The county court may authorize the payment of the pre- mium on a hospitalization insurance policy as a form of compensa- tion for an assistant prosecuting attorney, which the court has elected to compensate, consistent with Section 56.240, RSMo 1969. (12) Because New Madrid County has a population of 23,420, the assistant prosecutin~ attorney hired pursuant to Section 56 . 240 , RSMo 1969, shall be compensated by the prosecutinP, attorney. (13) The judge of the circuit court may in his discretion au- thorize , by court order , the payment of the oremium on a hospitali- zation insurance policy as a part of the comoensation of deputies and assistants provided for the sheriff in Section 57 . 250, RSMo 1969 . (14) With the approval of the county court , those deputies and assistants to the sheriff , within Section 57.250, RSMo 1969, authorized by the circuit jud~e to receive as a form of their com- pensation the payment of a premium on a group hospitalization in- surance policy, may participate in any policy the county court has provided for its employees . (15) The county collector of a third class county , not a town- ship county , may in his discretion pay, as a form of compensation, a premium on a hospitalization insurance policy for those deputies and clerical assistants authorized consistent with Section 52 . 280, RSMo 1969 , and on the approval of the county court , those deputies and assistants of the county collector who have had authorized for them by the county collector the payment of a premium on a hospital- ization insurance policy as a form of compensation, may participate in any group hospitalization pro~ram authorized by the county court for the employees which it is authorized to compensate . (16) The county assessor of a third class county, may in his discretion, and with the approval of the county court , authorize - 18- Honorable Fred E. Copeland payment of the premium on a group hospitalization insurance policy for his clerical and stenographic assistants appointed consistent with Section 53 . 095 , RSMo 1969. (17) The employment and compensation of the deputy assessor of a third class county is one of private contract. (18) The county court may in its discretion, as a form of com- oensation, pay the premium on a hospitalization insurance policy for the clerical or stenographic assistants of the county treasurer of a third class county. (19) No provisions exist for the appointment or compensation of deputies or assistants of the coroner of the third class county. (20) The county court may in its discretion pay the premium on a hospitalization insurance policy as a form of compensation for the county highway engineer. (21) The county court may in its discretion pay the premium on a hospitalization insurance policy as a form of compensation for assistants of the county highway engineer compensated pursuant to Section 61 .200, RSMo 1969. (22) Since the sections authorizing money to be allocated for payment of salaries or parts of salaries by the state provide for payment in cash, no discretion resides in the magistrate or any other county official to provide for payment of insurance premiums out of the money paid by the state. (23) Where the county court has authorized payment of salaries for clerks, deputy clerks or other employees of the magistrate court, pursuant to Section 483.485, RSMo 1969, the county court may in its discretion pay the premium on a hosoitalization insurance policy as a form of compensation to these employees. (24) A magistrate created by order of the circuit court pur- suant to Section 482.010(3), RSMo 1969, may in his discretion au- thorize the payment of the premium on a hospitalization insurance policy as a part of the compensation for those employees compen- sated pursuant to Section 483.490, RSMo 1969. (25) There is no statutory authority for the appointment of deputies, clerks or assistants to the public administrator of a third class county. (26) While a county surveyor of a third class county may em- ploy as many deputies as he may need, there is no s tatutory autho- rity for the payment of these deputies . -19- Honorable Fred E. Copeland The fore~oing opinion , which I hereby approve , was prepared by my Assistant, Kenneth M. Romines . ~r; ver: ::>-t>_.Q' Enclosures: Op . No . 17 2-4-50, Clemens Op. No. 40 3- 13-50, Hill Op . No. 93 9- 9- 69, Cason Op . No . 275 8-7-63, Lauderdale Op . No. 10 3- 26-54 , Boyer Op. No. 196 3-22-71, Downing JOHN C. DANFORTH Attorney General - 20-