Sheriff & Deputy Salary Determination & Explanation of Calculations

The Montana Supreme Court in Close v. Lewis and Clark County 2008 MT 271 (August 5, 2008) detailed the method that must be used by county government in calculating deputy sheriff’s longevity pay. A review of the decision indicates the following steps should be utilized in making pay calculations for the Sheriff, Undersheriff, and  Deputy Sheriffs’.

The calculations for the following examples are based on the uniform salary compensation schedule amount recommended by the County Compensation Board and approved by resolution by the Board of Commissioners for the Clerk and Recorder, Treasurer, Clerk of Court, Assessor, Superintendent of Schools, Sheriff, Surveyor, Justice of the Peace, and Auditor. The uniform amount must be the same for the Clerk and Recorder, Treasurer, Clerk of Court, Assessor, Superintendent of Schools, Sheriff, Surveyor, Justice of the Peace, and Auditor.

The Sheriff and Deputy Sheriff have 10 years of service and the Sheriff’s Office has negotiated a collective bargaining agreement with the Deputy Sheriff’s Union which provides that the minimum base annual salary for Deputy Sheriffs holding the rank of Captain shall be 80% of the salary of the Sheriff. The County Compensation Board has approved a cost-of-living-increment for the year at 2.8%.

1. Calculate the County Sheriff’s Base  Salary

The uniform amount recommended by the County Compensation Board pursuant to 7-4-2503, MCA and cost- of- living increment is the County Sheriff’s Base Salary.

2. Calculate Sheriff’s Base Salary for Deputy Sheriffs and Undersheriffs Salary Calculations

The County Sheriff’s Base Salary plus the $2000 increment provided in 7-4-2503(2)(b) MCA is the Sheriff’s Base Salary for Deputy Sheriffs and Undersheriffs Salary Calculations.

3. Calculate Sheriff’s Longevity

Sheriff’s Longevity is the County Sheriff’s Base Salary x 1% x years of service with the Sheriff’s Department.

1% x $30,840 x 10 years = $ 3,084

4. Calculate Sheriff’s Total Salary

The Sheriff’s Total Salary is the Sheriff’s Base Salary for Deputy Sheriff and Undersheriff Calculations plus the Sheriff’s Longevity.

1. Calculate the Undersheriff’s Base Salary.

The Undersheriff’s Base Salary is 95% of the Sheriff’s Base Salary for Deputy Sheriff’s and Undersheriff’s  Salary Calculations.

Sheriff’s Base Salary for Deputy Sheriff’s and Undersheriff’s Calculations

$32,840 x 95% =  $31,198

2. Calculate the Undersheriff’s Longevity

The Undersheriff’s Longevity is 1% of the Undersheriff’s Base Salary x years of service with the Sheriff’s Department adjusted annually on the anniversary date.

1% x $31,198 x 10 years = $ 3,120

3. Calculate Undersheriff’s Total Salary

The Undersheriff’s Total Salary is the Undersheriff’s Base Salary plus Undersheriff’s longevity.

1. Calculate the Deputy Sheriff’s Base Salary

Using 7-4-2508(2)(a)(b). multiply the Sheriff’s Base Salary calculated  for Deputy Sheriff’s and Undersheriff’s Salary Calculations by the percentage of the Sheriff’s salary that each individual deputy earned.

$32,840 x 80% = $26,272

2. Calculate the Deputy Sheriff’s Longevity

The Deputy Sheriff’s Longevity is the Deputy Sheriff’s Base x 1% x years of service with the Sheriff’s Department.

1% x $26,272 x 10 years = $2,627

3. Calculate Deputy Sheriff’s Total Salary

The Deputy Sheriff’s Total Salary is the Deputy Sheriff’s Base Salary plus Deputy Sheriff’s Longevity.