CO. COMMISSION OKs PAY CHANGE

Cape Girardeau County's public administrator could receive a salary rather than be paid with fees, beginning on Jan. 1, 2001.

The county's officeholders, meeting as the salary commission, approved the pay change this week at the request of Public Administrator John Ferguson. But the final decision rests with whoever is elected public administrator in the November 2000 election.

That person can choose to remain on the current fee system or receive a salary, which the salary commission has set at $42,458. That would put the public administrator at the same salary level as the county treasurer, the commission said.

The public administrator manages the affairs of citizens who have been found to be incapacitated or disabled and do not have anyone else around to handle the duties.

When someone in the county dies without any living relatives, the public administrator generally handles the estate. Or when minors need a conservator, the court can appoint the public administrator to manage their financial affairs.

Ferguson, the current public administrator, has served in office for 11 years. He said he hasn't decided if he will run for a fourth four-year term in 2000.

Whether he runs or not, Ferguson said he wants the position to be a salaried one. He voted with the other officeholders for the proposed change.

Ferguson currently receives fees, based on a percentage of the value of the estates that he is handling.

Ferguson's annual fee income has ranged between $25,462 and $31,405 over the last three years. In addition, the county pays him $10,000.

State law allows for the added payment when the fees generate less than $45,000 in income for the public administrator, Prosecuting Attorney Morley Swingle said.

Ferguson said he makes about $40,000 a year, counting the added money from the county.

Since he isn't on salary, the county's contributions to his state retirement benefits are based solely on the $10,000 that Ferguson receives. Some of the fee income he receives also goes toward his retirement benefits."I pay about $4,500 a year out of that for the state retirement program" Ferguson said.

Ferguson said he wouldn't have that expense if he were on salary.

Ferguson said he currently is handling more than 100 cases. Any fees he receives must be approved by the court.

Cape Girardeau County Presiding Commissioner Gerald Jones, who chaired the salary commission, said Ferguson isn't always paid for his services. "Sometimes there isn't any money there and he doesn't get any fees." Most of the estates handled by Ferguson are small. Ferguson discloses his income to the county at the end of the year so the county can determine if he is entitled to the added $10,000. Swingle said, "It seems more professional to have a public administrator paid a fixed salary rather than by the head on cases handled."If the public administrator is paid a salary, the fees collected would go into the county's general revenue fund.

Swingle said the fee revenue in the future could exceed the salary paid to the public administrator.