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. Senate Bill 238, effective 10/1/21 further clarified the calculations. A review of the decision and changes under SB 238 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.
Sheriff's Salary Calculations
1. Calculate the County Sheriff’s Base Salary
The uniform amount recommended by the County Compensation Board pursuant to 7-4-2503, MCA plus the $2,000 additional salary provided for in 7-4-2503 (b)(2), MCA is the County Sheriff’s Base Salary for calculating his/her longevity.
| Compensation Board Uniform Recommendation | $40,000 |
| Sheriff’s Statutory $2,000 increment | + 2,000 |
| County Sheriff’s Base Salary | $42,000 |
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, plus any discretionary pay allowed under 7-4-2503(2)(c) MCA is the Sheriff’s Base Salary for Deputy Sheriffs and Undersheriffs Salary Calculations.
| County Sheriff’s Base Salary | $40,000 |
| $2000 increment + $1,000 discretionary | + 3,000 |
| Sheriff’s Base Salary for Deputy Sheriff and Undersheriff Calculations. |
$43,000 |
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. Do not include any discretionary pay in this calculation (7-4-2503(2)(d) MCA.
1% x $42,000 x 10 years = $ 4,200
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.
| Sheriff’s Base Salary for Deputy Sheriff and Undersheriff Base Calculations | $43,000 |
| Sheriff’s Longevity | + 4,200 |
| Sheriff’s Total Salary | $47,200 |
Undersheriff's Salary Calculations
1. Calculate the Undersheriff’s Base Salary.
The Undersheriff’s Base Salary is 98% 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
$43,000 x 98% = $42,140
2. Calculate the Undersheriff’s Longevity
The Undersheriff’s Longevity is 1% of the Undersheriff’s Base Salary minus any discretionary pay x years of service with the Sheriff’s Department adjusted annually on the anniversary date.
1% x $41,140 x 10 years = $ 4,114
3. Calculate Undersheriff’s Total Salary
The Undersheriff’s Total Salary is the Undersheriff’s Base Salary plus Undersheriff’s longevity.
| Undersheriff’s Base Salary | $42,140 |
| Undersheriff’s Longevity | + 4,114 |
| Undersheriff’s Total Salary | $46,254 |
Deputy Sheriff's Salary Calculations
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.
$43,000 x 80% = $34,400
2. Calculate the Deputy Sheriff’s Longevity
The Deputy Sheriff’s Longevity is the Deputy Sheriff’s Base Salary minus any discretionary x 1% x years of service with the Sheriff’s Department.
1% x $33,400 x 10 years = $3,340
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.
| Deputy Sheriff’s Base Salary | $34,400 |
| Deputy Sheriff’s Longevity | + 3,340 |
| Deputy Sheriff’s Total Salary | $37,740 |