Opinion letter to the Honorable Joe R. Ellis

-· Opinion No . 214 ~ 63 ) 4 64 ) Ans . by Letter St ephan) Honorable Joe R. Ell is Prosecuting Attorney Barry County Cassvi lle, ~ssour1 Dear Mr . Ellias April 10, 1964 F I L c J This :!.a i n r esponse to your requ~G t for n opinion of thic office as to whether t he sal~riea of c puty recor ders in a~rry County ~ to be set by the ~i rcuit eourt or by the county court Barry County is a county of t he third cl ass in which the offices of circuit clerk and recorder are combined . tJnc1er the provisions of Section 483.345, RSMo 1959, the circuit court in third cl ass counties hal clear authority to "fix the compensa- tion of such deputies ••• " as are appointed by the circuit clet-k. Pursuant to our request, you forwarded a copy of the order ot the circuit court setting the salaries ot the employees ot tho ottice of olerk-~corder or Barry County. That order reads in part as follows• "Mow on this day appears Artie Spai.n, Circuit Clerk and Ex-Officio Reco~er of Deeds of Barry County, Missouri. and requests the above Court t o set the sal- ar ies of the Circui t Clerk's Deputies in and tor Barry County • Missouri. "WHEREUPON. i.t is hereby order ed. decreed and adjudged by the Court that the salary of Deputy Circuit Clark, Barbara Lacey ~ 1.n and for Barry County, Missouri• shall be the sum or t225 .00 per month unti l changed by furtruu• order of thio Court;. and it ia further ordered by t he Court t hat t he salary of Deputy Circuit Clerk and Recorder of Deeds, Frances Terry, in and f'or said County shall be t 190.00 per month; and it is further ordered by the Honorable Joe R. Ellis - 2- Court that the salary or Deputy Circuit Clerk and Recorder or Deeds. Lois Lechner. in and tor said County shall be $190.00 per month; beginning as or January 1. 19641 and continuing until such time ae this order may be changed by further order of this Court. " According to the order, all or the employees named therein hold a position or deputy circuit clerk. Inasmuch as Section 483.345 places no limitation upon the nuaber or deputy circuit clerks, we believe that all ot the employees ~ question may have their salaries properly set by the circuit judge insofar as they hold the position or deputy circuit clerk. It ie, therefore, the opinion or this office that the salaries i n question have been proper1y set and each or tbe named employees is entitled to the monthly compensation speci- fied in the order. AJS/dg Very truly yours, THOJIAS P. EAGLETON Attorney General