May 26, 1978

Mr. Ronald D. Campbell 
Hand County State's Attorney 
Miller, South Dakota 57362

Official Opinion No. 78-24

Compensation of deputy auditors

Dear Mr. Campbell:

You have requested my official opinion on the following factual situation:

FACTS: 

County A's deputies are paid $525 per month.  There is no hourly rate of payment.  The auditor's office is open from 8:00 A.M. to 5:00 P.M. for an eight hour working day, five days per week. 
    
The Auditor's Office is required to remain open more hours for Voter Registration, Election Days and such.

Concerning these facts you raised the following questions:

QUESTIONS: 

1.  Are the deputies entitled to additional compensation for these additional hours work?
    
2.  If they are not entitled to additional compensation as a matter of right, do the County Commissioners have authority to pay them additional compensation for these additional hours? 
    
3.  If the deputies are entitled to additional compensation, either the matter of right or at the discretion of the County Commissioners, how would this additional compensation be computed?

In my opinion, SDCL 7-7-20 is dispositive of your questions.
    
SDCL 7-7-20.  If in the judgment of the board of county commissioners it shall be deemed necessary for the prompt any accurate dispatch of business in the office of the county treasurer, county auditor, county coroner or register of deeds that deputies or clerks be employed therein, it shall by resolution fix the number of deputies or clerks to be employed, the time of employment, and compensation which they shall receive.  Such compensation shall be paid monthly by warrant on the general fund.

IN RE QUESTION NO. 1:

In my opinion the county commissioners set by resolution the compensation the deputies would receive.  Although it is a discretionary matter for the county commissioners, it is my view that additional pay would be appropriate.

IN RE QUESTION NO. 2:

In my opinion the county commissioners may by original or subsequent resolution authorize additional compensation for additional work.  The answer to your question is yes.

IN RE QUESTION NO. 3:

Since this is a discretionary matter for the county commissioners, the additional compensation would be computed according to the statement in the resolution authorizing such compensation.  I would assume, however, that the most logical and simple way would be to compute it on an overtime hourly basis.

Respectfully submitted,

William J. Janklow
Attorney General

WJJ:RHW:in