Article , Section 13 of the Constitution prevents the compensation of an elected city treasurer from being increased during the term of office of such city treasurer, notwithstanding the fact that Section 182.291, V.A.M.S., makes the city treasurer custodian of the funds of a city-county library district. A city-county library district has no authority to compensate the city treasurer for serving as custodian of the library district’s funds.

LIBRARIES: COMPENSATION: CITY TREASURER: CONSTITUTI ONAL LAW: Article VII, Section 13 of the Cons ti- tution prevents the compensation o f an elected city treasurer from being in- creased during the term of office of such city treasurer, notwithstanding the fact that Section 182.291 , V.A.M.S., makes the city treasurer cus- todian of the funds of a city-county library district. A city- county library district has no authority to compensate the city treasurer for serving as custodian of the library district's funds. OPINION NO. 33 March 14, 1974 Honorable Fred Dyer Representative, District 51 Room 103B , Capitol Building Jefferson City, Missouri 65101 Dear Representative Dyer: F \LED ~~ This is in response to your request for an opinion to the following question: "'May a City-County Library District merged under the provisions of Section 182.291 pay the City Treasurer additional compensation , over and above that compensation paid him by the City for the duties prescribed him under Sections 4 and 7 of Section 182.291?'" We understand that your opinion request concerns the city o f St. Charles , a constitutional charter city, where the treasure r is elected for a two year term. Article VII , Section 13 of the Constitution provides: "The compensation of state, county and munic- ipal officers shall not be increased during the term of office; nor shall the term of any officer be extended." That section applies to all officers who are elected or ap- pointed for a definite term of office and, therefore, would apply to a city whose treasurer is elected for a definite term. It has been held that the constitutional prohibition of Article VII, Sec- tion 13 does not preclude additional compensation when additional duties are imposed upon the officeholder; State ex rel. McGrath v. Walker, 10 S.W. 473 (Mo. 1889); Mooney v. County of St. Louis, 286 Honorable Fred Dyer S.W.2d 763 (Mo. 1956) . However, in making the city treasurer the treasurer for a city- county library district (Section 182.291, V.A. M.S.), the legislature did not provide for an increase in the com- pensation of city treasurers, therefore, since the legislature has not provided for an increase in salaries for performance of the du- ties provided by that section, it would not be proper under Article VII, Section 13 for the city to increase the compensation of the city treasurer during the term he is serving . For future terms, the city may increase the compensation of the city treasurer provided it follows the procedure set forth in its charter. From your request , it would appear that the city-county li- brary district may contemplate compensating the treasurer for per- forming the duties placed on him under Section 182.291. Section 182.291.7(2) provides : "The city treasurer shall be the custodian of all library funds , which shall be deposited by the city treasurer , in a depository selected and approved by the library board. The library funds shall be kept separate and apart from other moneys of the city a nd disbursed by the city treasurer only upon the proper authenti- cated warrants of the library board. Such funds shall be audited annually by the city in the same manner as other funds of the city are audited. " The legislature has not authorized the city-county library district to compensate a treasurer for performing this duty. There- fore, the library district has no authority to compensate the city treasurer for performing this duty during his present term or any future term. CONCLUSION It is , therefore, the opinion of this office that Article VII, Section 13 of the Constitution prevents the compensation of an elected city treasurer from being increased during the term of office of such city treasurer, notwithstanding the fact that Sec- tion 182.291, V.A.M.S., makes the city treasurer custodian of the funds of a city-county library district. A city-county library district has no authority to compensate the city treasurer for serving as custodian of the library district's funds. -2- Honorable Fred Dyer The foregoing opinion, which I hereby approve, was prepared by my assistant, Charles A. Blackmar. ~ou; ve:; t5ly ,.(!= -Q JOHN C. DANFORTH Attorney General -3-