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VIRGINIA FREEDOM OF INFORMATION ACT. SALARIES. ONE PERSON WHO HOLDS
TWO POSITIONS. DISCLOSURE REQUIRED IF SALARY IS OVER $10,000 PER
YEAR.
April 5, 1983
The Honorable Jon C. Poulson,
Commonwealth's Attorney for Accomack County
82-83 731
This is in reply to your letter which we received on March 28,
1983, requesting an Opinion regarding the Virginia Freedom of
Information Act, 2.1-340 through 2.1-346.1 of the Code of Virginia
(the "Act"). You have advised that the County administrator is paid a
salary for serving as county administrator in excess of $10,000. The
same person also serves as the local Coordinator of Emergency
Services (the "Coordinator") His salary for serving as the
Coordinator is less than $10,000 per year and is based on a pro rata
percentage of his salary as a county employee.
You have asked whether two salaries are being paid to one person,
one for performing the duties of county administrator and one for
performing the duties of the Coordinator. If the answer is in the
affirmative, you have asked if the salary for serving as Coordinator
is subject to disclosure under the Act, or if the two salaries are to
be added together, thereby making both subject to disclosure if the
total exceeds $10,000 even though one may be less than $10,000.
Section 2.1-342 (a) provides that all "official records" shall be
open to inspection and copying, except as otherwise specifically
provided by law. Although 2.1-342 (b) (3) specifically exempts
personnel records from the mandatory disclosure provisions of the
Act, 2.1-342(c) requires disclosure of the salaries and positions of
certain public officials. Prior to the enactment of this subsection
in 1978, this Office had interpreted 2.1-342(b)(3) as exempting all
salaries from mandatory disclosure, as being a part of the personnel
record. See 1975-1976 Report of the Attorney General at 416. Section
2.1-342(c) provides:
"Neither any provision of this chapter nor any provision
of Chapter 26 (2.1-377 et seq.) of this title shall be construed
as denying public access to records of the position, job
classification, official salary or rate of pay of, and to records
of the allowances or reimbursements for expenses paid to any
public officer, official or employee at any level of state, local
or regional government in this Commonwealth whatsoever. The
provisions of this subsection, however shall not apply to records
of the official salaries or rates of public employees whose annual
rate of pay is $10,000 or less."
Section 2.1-342(c) requires, inter alia, the disclosure of records
of the position, job classificantion, official salary or rate of pay
of public officials or employees whose annual rate of pay is over
$10,000.1 It is my opinion that
the salary which must be disclosed is that which corresponds to the
position or job classification of the public official or employee in
question.
Accordingly, I am of the opinion, based on the above facts, that
two salaries are being paid to one person.2
The two salaries would be considered separately for purposes of the
Act. The salary for performing the duties of the county
administrator, if over $10,000 per year, would be subject to the
mandatory disclosure provisions of the Act and the salary for serving
as Coordinator, if less than $10,000 per year, would not be subject
to such mandatory disclosure requirements.3
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FOOTNOTES
1 See Opinion to the Honorable Shirley F. Cooper,
Member, House of Delegates, dated March 7, 1983.
2 The fact that the salary for being the Coordinator
is based on a pro rata percentage of his salary from the county does
not alter this conclusion.
3 The Act does not prohibit discretionary disclosure
of either salary. See 1980-1981 Report of the Attorney General at
394. Consequently, the salary of the position of Coordinator could
likely be obtained through the budget papers or other records,
excepting personnel records.
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