The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-03-10
ATTORNEY LAYS
lAM on DEPUTIES

Inv Uu Ull UlIlO
An official opinion from the county
attorney concerning deputy county Of
hcials and their salaries was given the
board OF county commissioners this
week. The question now arises as to
the difference ebetween "elerk' and
| deputy" for It appears that where
the number and salaries Of deputies
| are regulated by law there is no re-
| stricticn concerning :'clcrkc"
The text of the county attorneys
opinion IL as follows:
Broadus. Mcni.. Feb. 20, 1929.
Board Of County Commissioners of
| Powder River Countv.--lseferrine to
the matter Of rcduct'cn of salaries
| which was the SUBJECT Of some discuss
cusslon at your January meeting and
| concerning which there may be some
misunderstanding, YOU are advised as
| follows:
Sec. S11S Revised Codes 1907. as
amended by Chapters 20 and 119 SEES
| sion Laws Of 1879. provides for the
| maximum number of deputies which
| may be allowed in counties Of the diff
Ierent classes. Powder River county
being county Of the seventh class,
| may have maximum of one deputy
| each to the clerk cf the district court,
county clerk ani recorder and the
sheriff. The salaries Of these three
deputies and also Of the undersheriff
Tor counties o TIE seventh class are
| fixed by Chapter z32 Of the laws Of
1919. page SAT.
Sec. 312S Rev. Codes 1907. provides,
among other things, that in counties
or the seventh cluss no deputy may be
allowed to the treasurer except that
the board Of count. commissioners may
allcw such deputies as may be neces-
sary during the raorths OF November
and December of each year. This Sec
t;Gn further provides that the asses
sor of counties Of the seventh class
| may be allowed enc deputy during the
months CT Marcel, April, May. June
and July. This section and section
313i were amended Ivy the legislature
in 1911 but such amendment does not,
in any way, affect the above mention-
ed provisions of section 312S.
AS stated above, the salaries Of the
respective deputies sre fixed by Chap
! ter 222. Session Laws 1919. page SAT,
including deputy lreosurers and dep
uty assessors for tho months Of each
| year for which they may he appointed.
This last mentioned act was amended
by the Legislature in 1921 SO as to
read as follows:
Section 2. ThA boards Ct county
C mmissioners in tile several counties
OF the state shah have. fhe power to
fix the compensation allowed any dep
rty or assistant under this act: where
any deputy or assistant is cmplo yed
70, 4 period of less than one year the
compensation shall rot in any event
tc to exceed the rates fixed by this
act for similar Deputies ar assistants;
! said boards Of ceunty commissioners
| shall likewise have the power to fix
| and determine the number OF all dep
uty county officers. provided, however.
| that the number of said deputies shall
| rot be greater than The maximum fixed
tH law"
Sec. 3123, Revised Codes 1907 author
!! ixed the county commissioners to ap-
! Point a greater lamber OF deputies
| than the ma aximuM. Number allowed by
law. IL. in their Judgment greater
| number were necessary for the faith
| full and prompt discharge OF thu du-
ties Of the respective offices. but the
attorney general Of Montana has re-
Gently held. with good reason. that
Section 3123 was repealed by Chapter
| 2O4. Session Laws of 1921.
| Therefore. from the foregoing pro-
visions OIL aw, witt, reference TO the
ma ximum number and salaries CT dep
uttes. am of the opinion thai the
| county clerk and recorder. clerk of
the district court and sheriff may be
allowed deputy each at a salary of
| not less than $137 20 per month. The
treasurer may have as many deputies
ae is necessary In the opinion cf the
Loard Of county commissioners for the
months Of November and December.
Thee board Of county commissioners
may allow the asses one deputy for
the months Of March. April. May, June
and July OF each year. The salaries
Of the deputy trea surer and deputy as
SCISSOR may be fixed by the board OF
county commissioners at Il sum not to
Iexcecd $l37.50 per r:cnth
Respectfully submitted.
y. 4. DURKEY.
County Attorney.