AGO 2004-09.

• Case Date: February 09, 2005
• Court: Indiana

Indiana Attorney General Opinions 2005. AGO 2004-09. February 9, 2005Originally issued August 11, 2003 OFFICIAL OPINION 2004-9The Honorable Joseph W. HarrisonMajority Floor Leader P.O. Box 409 Attica, IN 47918-0409 RE: Compensation for Elected City OfficerDear Senator Harrison: This letter is in response to your recent request for an advisory opinion on the following question:

Subsequent to a local clerk treasurer resigning his position and an appointment to that vacancy, may the salary for the position be reduced by the council at the request of the mayor under Indiana Code section 36-4-7-2?

BRIEF ANSWER The salary may not be reduced. It is clear from legislative amendments that the legislature intended to clarify the statutory language at Indiana Code section 36-4-7-2 in order to prohibit such a reduction in compensation. By amendment, the legislature added statutory language to prohibit reducing compensation from a set amount. See Pub. L. No. 15-1933, 3; Acts 1980, Pub. L. No. 212; Acts 1981, Pub. L. No. 17, 21. The compensation of a city officer may not be reduced or increased in the year fixed, nor may it be reduced to less than the salary of the prior year, regardless of the timing. Ind. Code § 36-0-7-2(c). ANALYSIS Indiana Code section 36-4-7-2 provides guidelines for when the salary of an elected-- -official may be changed, and the parameters for those changes:

(a) As used in this section, "compensation" means the total of all money paid to an elected city officer for performing duties as a city officer, regardless of the source of fiends from which the money is paid.

(b) The city legislative body shall, by ordinance, fix the annual compensation of all elected city officers. The ordinance must be published under IC 5-3-1, with the first publication at least thirty (30) days before final passage by the legislative body. (c) The compensation of an elected city officer may not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year. This Code section has been amended several times, with tire most significant, relevant changes taking place in the 1981 amendment. The changes to the statute indicate an intention by the legislature to add clarification to statutory language concerning compensation. The legislature added "nor may it be reduced below...