County officials disagree over salary increases

~ Members of the Cape Girardeau County's salary commission disputed the meaning of a state law.

Cape Girardeau County officials are in disagreement over the legality of salary increases for the offices of treasurer and public administrator.

The salary commission, which consists of all elected county officials, met Wednesday to discuss increasing the treasurer and public administrator salaries to be equal with other elected county officials' salaries. Both positions receive $51,000 per year, which does not match the $58,000 salary of most other elected officials.

If the commission voted to increase the two officials' salaries, any taxpayer could slap the county with a lawsuit and probably win, said Morley Swingle, Cape Girardeau County prosecuting attorney.

The meeting was adjourned without a motion to increase the two officials' salaries.

In 1997, when the county achieved first-class status, the salary commission set the salaries for the public administrator and treasurer at $37,000, almost $5,000 lower than the other positions. But in 2004, under a special statute, the salary commission was allowed to raise the treasurer's and public administrator's base salary to $51,000 on a one-time basis.

The other officeholders are making $58,000, due to cost-of-living raises over the years.

The salary commission, which is authorized by state law to consider pay issues only in odd-numbered years, met in October. At that meeting, Treasurer Roger Hudson asked the salary commission to address his salary and the salary of Public Administrator Phyllis Schwab, who after next year would still not have salaries equal the other public officials.

Swingle told the commission Wednesday that increasing salaries by $7,000 would be beyond what the commission is legally allowed to do.

"No matter what, this is a murky area," Swingle said. "I believe we cannot change these salaries; we're stuck at this lower level unless we can change legislation."

Presiding Commissioner Gerald Jones said that while the consensus of commission members was to make the salaries equal, he couldn't disagree with Swingle.

However, Diane Diebold, county collector, disagreed with Swingle's interpretation of the statute.

"I don't see where in this law it restricts us from making the salaries equal," she said.

Swingle presented a revised statute and said Jones could seek state legislation for a county law, which would allow the salary commission to meet in 2007 to determine whether to equalize the salaries for the offices of treasurer and public administrator with the salaries of the offices of auditor and recorder of deeds.

Jones said he would discuss the revised statute with state representatives within the next month.

The meeting was adjourned after Swingle made a motion. But Robert, Diebold, Hudson and Schwab abstained from the vote to adjourn.

Cape Girardeau County Sheriff John Jordan, Coroner John Clifton and County Clerk Rodney Miller were not at the meeting.

jfreeze@semissourian.com