Elected Officials Salary
What are the basics?
There are several legal principles in play, including a key provision of the Oklahoma Constitution. The Oklahoma Constitution at Article 23, Section 10 provides that wages and emoluments (fringe benefits) for an officer, elected or appointed, may not be changed after his election or appointment.
Is there a case I can read?
Yes. See Edmondson v. Oklahoma Corporation Commission, 971 P.2d 868 (Okl. 1998) for a discussion of these principles. Like so many issues in municipal law, the facts matter when applying these principles so the advice of your legal advisor is essential before taking action.
Although the issue is complicated, is there a guiding principle?
Yes. The guiding principle is only those officers elected or appointed after the ordinance is enacted may benefit from any increase so provided. When an incumbent is re-elected, he may receive any increase enacted prior to his re-election. If structured correctly, a governing body may provide for step raises or other incremental increases in salary for elected officers if the increase occurs automatically without any further need for decision making by the governing body.
Can you give me an example?
Yes. For example, an ordinance may provide that increases will be in the same percentage as any increase in the Consumer Price Index or the average percent or amount of increase for employees of municipality
Is there a statute that defines officer or official?
Yes. For the definition of “officer or official” see 11 O.S. Section 1-102
Where can I find more information on elected officials salary?
There is a detailed discussion of salaries and benefits contained in the OML Handbook under “Public Officials” in Section B.
Is there a special statute for clerks and treasurers?
What about “extra duties”? Each statutory form of government allows the clerk and treasurer to perform extra duties, which are not related to their statutory duties. The elected clerk and treasurer may receive additional compensation for these "extra duties". This must be established by ordinance. This does not apply to governing body members.
Why is the wording of the ordinance so important? The ordinance establishing the "extra duties” must distinguish between the official and unrelated duties and establish by ordinance the salary for the unrelated duties, if any, as an item of compensation separate from the salary for official duties.
Is the clerk and treasurer as an employee for non-statutory duties? When the ordinance establishing pay for unrelated duties is written correctly, (see the example in the OML Handbook) the clerk or treasurer will perform their non-statutory duties as an employee rather than as an officer of the municipality. The compensation for those unrelated duties, therefore, may be changed during a term of office by amending the ordinance, which fixed the salary. As a true employee of the municipality, the clerk or treasurer must function in the same manner as all other personnel.
Is there an exception for the statutory council manager form of government? For a possible legal exception for clerks and treasurers in the statutory council manager form of government to receive compensation changes in their statutory duties see Attorney General Opinion 85-13. It should be noted that the Oklahoma Supreme Court has not ruled on this point of law.
Are there special considerations for governing body members?
Yes. As to members of the governing body, a different statute applies. A person may hold more than one office or position in a municipal government as the governing body may ordain. However, a member of the governing body “shall not receive compensation for service in any municipal office or position other than his elected office.” 11 O.S. Section 8-106 and 2001 OK AG 23.
Are there additional requirements for public trusts?
Yes. Trustees of public trusts who are public officers, shall serve without compensation, but may be reimbursed for their expenses incurred in the performance of their duties as trustees. 60 O.S. Section 178(A).
Is there a limited exception to 60 O.S. Section 178(A)?
Yes. There is a limited exception allowing compensation if the trust was created and existing prior to July 1, 1988 and the trust shall have been held to be a valid and binding agreement in an opinion of the Oklahoma Supreme Court. Section 178(F) and 2003 OK AG 43.
Is Overtime Pay an Open Record?
Question:
I have a councilmember who wants to see how much overtime is paid and what employees are being paid overtime. Is this okay for me to give out?
Answer:
The gross payroll would be an Open Record. Your municipal attorney will need to determine if the information can be broken down as to what is regular pay vs. what is overtime.
Title 51. Officers Oklahoma Open RecordsAct
Section 24A.7- Confidential Personnel Records of Public Body
Cite as: O.S. §, __ __
A. A public body may keep personnel records confidential:
1. Which relate to internal personnel investigations including examination and selection material for employment, hiring, appointment, promotion, demotion, discipline, or resignation; or
2. Where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body, and transcripts from institutions of higher education maintained in the personnel files of certified public school employees; provided, however, that nothing in this subsection shall be construed to exempt from disclosure the degree obtained and the curriculum on the transcripts of certified public school employees.
B. All personnel records not specifically falling within the exceptions provided in subsection A of this section shall be available for public inspection and copying including, but not limited to, records of:
1. An employment application of a person who becomes a public official;
2. The gross receipts of public funds;
3. The dates of employment, title or position; and
4. Any final disciplinary action resulting in loss of pay, suspension, demotion of position, or termination.
C. Except as may otherwise be made confidential by statute, an employee of a public body shall have a right of access to his own personnel file.
D. Public bodies shall keep confidential the home address, telephone numbers and social security numbers of any person employed or formerly employed by the public body.
Elected Officials Salary Constitutional Implications
What are the special rules for changes to elected officials' monetary compensation?
Isn’t there a constitutional provision that applies?
Yes. The Oklahoma Constitution at Article 23, Section 10 provides that wages and emoluments (fringe benefits) for an officer, elected or appointed, may not be changed after his election or appointment. See Edmondson v. Oklahoma Corporation Commission, 971 P.2d 868 (Okl. 1998).
What if the elected officials duties change?
This constitutional rule applies even when the office's duties are decreased unless the ordinance or resolution establishing the salary provides that payment of the salary is conditioned on the performance of specified duties. In other words, the change in salary must occur automatically under the provisions of the ordinance or resolution adopted prior to the election of appointment of the officer.
What if the salary changes automatically?
A governing body may provide for step raises or other incremental increases in salary for elected officers if the increase occurs automatically without any further need for decision making by the governing body. For example, an ordinance may provide that increases will be in the same percentage as any increase in the Consumer Price Index or the average percent or amount of increase for other employees of municipalities.
Why is the timing of a salary increase important?
Only those officers elected or appointed after the ordinance is enacted may benefit from any increase so provided. When an incumbent is re-elected, he may receive any increase enacted prior to his re-election.
Are there special rules for clerks and treasurers?
What about “extra duties”?
Each statutory form of government allows the clerk and treasurer to perform extra duties, which are not related to their statutory duties. The elected clerk and treasurer may receive additional compensation for these "extra duties". This must be established by ordinance. This does not apply to governing body members.
Why is the wording of the ordinance so important?
The ordinance establishing the "extra duties” must distinguish between the official and unrelated duties and establish by ordinance the salary for the unrelated duties, if any, as an item of compensation separate from the salary for official duties. Is the clerk and treasurer as an employee for non-statutory duties? When the ordinance establishing pay for unrelated duties is written correctly, (see the example in the OML Handbook) the clerk or treasurer will perform their non-statutory duties as an employee rather than as an officer of the municipality. The compensation for those unrelated duties, therefore, may be changed during a term of office by amending the ordinance, which fixed the salary. As a true employee of the municipality, the clerk or treasurer must function in the same manner as all other personnel.
Is there an exception for the statutory council manager form of government?
For a possible legal exception for clerks and treasurers in the statutory council manager form of government to receive compensation changes in their statutory duties see Attorney General Opinion 85-13. It should be noted that the Oklahoma Supreme Court has not ruled on this point of law.