BLOOMFIELD -- The Stoddard County Commission will for the first time attempt to put together a budget that includes a full-time prosecutor at a salary of $133,716, and decide whether to continue with an assistant prosecutor at a salary of $41,800. The issue was addressed in an executive session with Prosecutor Russ Oliver prior to starting preparation on a 2015 county budget.
Stoddard County voters approved making the prosecutor a full-time position in the November, 2012, general election. At that time, the commission estimated the salary at approximately $112,000.
A federal lawsuit filed by six federal judges early this year changed the pay for full-time prosecutors. Six federal judges sued the United States for back pay, claiming they "were entitled to cost of living adjustments that had been been funded by Congress for several years." The case was dismissed at a lower level, but the U.S.Court of Appeals found in the judges' favor. The United States Court of Federal Claims "assigned a new current annual rate for the two sitting judge plaintiffs in the amount of $197,100.
By Missouri Statute, the compensation for full-time elected prosecutors is tied to the salary of the associate circuit judges (Section 56.265). The salary of an associate circuit judge was $116,858 prior the outcome of the lawsuit. That compensation is established pursuant to the provisions of Article XIII, Section 3 of the Missouri Constitution.
A federal magistrate receives up to 92 percent of the salary of a federal district judge. Following the court ruling, the formula leaves the associate circuit judge salary at $133,716.
Presiding Commissioner Greg Mathis noted in minutes from an executive session held with Oliver that the budget would show "an increase of $87,000 with the salary increase and benefits."
Mathis stated, "Budget calculations are now being made to fund the prosecutor's office, but no final decisions have been made."
Oliver told the commission, according to minutes from the meeting, that he "has been working full-time even though his position has been classified part-time."
Oliver went on to say that the assistant prosecutor "works extremely long hours."
The result of this work has been that the county PA office "has not lost a trial case," Oliver said. He said the assitant PA helps with trial preparation, takes depositions and makes court appearances. He noted that courts are in session on Mondays and Wednesdays in the county and many times it requires two people to cover the cases since they may be in two different areas.
Oliver presented the commission with the following statistics: The PA office has worked five homicide cases over the last four years with an estimated 173 hours worked per case; 32 child sex cases with an estimated 31 hours worked per case; 1,980 felony cases with seven hours worked per case and 4,579 misdemeanor cases with two hours worked per case.
Commission Danny Talkington said the numbers presented by Oliver would mean that two people would be working 62-hour weeks based on 50 weeks per year with two-week vacations.
Oliver told the commission it was the will of the voters to have a full-time prosecutor and provide "more prosecution services."
"The voters knew increased costs would occur in the prosecutor's office when going full time," Oliver said in the executive session.
Mathis asked whether it was possible to have a part-time assistant prosecutor so that the assistant could have a private practice in addition to his county job.
Oliver said that would be difficult.
Talkington told Oliver that the commission would review the information provided by him. He said more input was needed from residents of the county and the proposal needed further study so that "logical answers are given to justify the additional costs."
Commissioner Carol Jarrell was not present at the executive session.
Mathis asked County Clerk Joe Watson if he had received all the proposed 2105 budgets from office holders and other county departments.
Watson said he currently had a few of the budget proposals from the various office holders in the county. He said he had not received proposed 2015 budgets from the sheriff, collector and the prosecutor.
Mathis noted that last year was the first year the commission had begun the budget process in December. He said the county was among the last in the area to pass a budget for the new year.
Watson said the budget was approved Jan. 22 last year.
Mathis asked Watson to continue to get budget requests so the commission could begin reviewing them.