King, 010280 MSAGO, 19800102

Docket Nº:19800102
Case Date:January 02, 1980
Court:South Carolina
 
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Honorable W. Hamp King,
No. 19800102
Mississippi Attorney General Opinions
January 2, 1980
         Honorable W. Hamp King          State Auditor          Department of Public Accounts          Post Office Box 1060          Jackson, Mississippi 39205          Dear Mr. King:          Attorney General Summer has received your request for opinion and has referred it to the undersigned for research and reply.          Your request for opinion is for an interpretation and construction of Section 25-31-5, Mississippi Code of 1972, Annotated & Amended and, especially, Sub-section (6) thereof having to do with the determination and establishment by the District Attorney of the annual salary of full-time legal assistants.          The pertinent part of your request is here set forth for the reason that it explicitly expresses the question you present:
         “The first part of this subsection states that 'The annual salary of full time legal assistants shall be not less than $15, 000 nor more than eighty give 85% of the salary of the district attorney; provided that the district attorney shall establish such salaries ...?'.          “Do you construe this to mean that the district attorney has the ability to set these salaries at any amount between $15, 000 and 85% of the district attorneys salary, or does the remainder of this subsection restrict setting the salary at $15, 000 with increases from that base as provided in the remainder of the subsection 'and, subject to the maximum limitations set forth herein, may grant increase based upon years of continuous service in the office of district attorney as follows: an annual increase may be granted by the district attorney of not more than the greater amount of fifteen percent (15%) of the previous year's salary or two thousand two hundred fifty dollars ($2, 250.00) for each year that such legal assistant has served either as a part-time or a full-time legal assistant. Service prior to January 1, 1980, may be considered for purposes of this subsection provided that such service is continuous with service from and after January 1, 1980'.”
         In analyzing Sub-section (6) of Section 25-31-5, supra, the statute is...

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