CONSTITUTIONAL OFFICERS BUDGETS. BOARD OF SUPERVISORS NEED NOT GIVE FORMAL NOTICE OF PUBLIC HEARING ON BUDGETS TO CONSTITUTIONAL OFFICERS AS LONG AS REQUIREMENT OF GENERAL NOTICE MET.

May 30, 1985

The Honorable Harry O. Tinsley
Sheriff for Madison County

84-85 68

You have asked whether a county board of supervisors must give formal notice to constitutional officers of the public budget hearing on their respective budgets or whether a reference to the meeting in a newspaper article will suffice.

The financing of constitutional offices is the subject of a comprehensive scheme set out in Title 14.1 of the Code of Virginia.¹ This title includes provisions relating to the determination of salaries, expenses, manner of payment, and to the proportional amounts to be borne by the Commonwealth and by the localities. Sections 14.1-51 and 14.1-52 provide for notice to constitutional officers (excluding the clerk of court) and local governing bodies of meetings of the State Compensation Board and appeals from decisions of the Compensation Board. Once the Compensation Board has determined the appropriate level of funding for a constitutional office, a local governing body may not approve a budget for the operation of that office which appropriates for salaries, expenses and other allowances less than the statutorily mandated proportion of the amount approved by the Compensation Board. Reports of the Attorney General: 1983-1984 at 72; 1978-l977 at 56.

A local governing body has discretion, however, in providing a supplement to the compensation of a constitutional officer or his deputies. Section 14.1-11.4 reads:

"Notwithstanding any other provision of law, the governing body of any county or city, in its discretion, may supplement the compensation of the sergeant, sheriff, treasurer, commissioner of the revenue, clerk of the circuit court, director of finance, or attorney for the Commonwealth, or any of their deputies or employees, above the salary of any such officer, deputy or employee established in this title, in such amounts as it may deem expedient. Such additional compensation shall be wholly payable from the funds of any such county or city." Various types of notice of the board of supervisors' actions or meetings are required under Title 15.1. Sections 15.1-162 and 15.1-162.1 require publication of oral notice of any public hearings on the approval of the county budget or amendments thereto. If the board of supervisors is to act by ordinance, 15.1-504 requires that general notice be published. I am unaware of any provision o eeting, then the board of ball game or other sporting event for which he is compensated by the management of the park or other private party, rather than through the sheriff's department.

Section 2.1-632 provides for the rendering of advisory opinions by the Commonwealth's attorney regarding situations which may give rise to a violation of the Act. In the event the opinion of the Commonwealth's attorney should conclude that a violation would occur, the individual involved is free to appeal that decision for a review by this Office. Accordingly, I suggest you direct this inquiry to the Commonwealth's attorney for an advisory opinion pursuant to 2.1-632.

1. See Ch. 1, Title 14.1, "Salaries and Expenses of Office."