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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."
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