Section 2.14 Right and Scope of Municipal Officer Compensation Generally

• Library: Local Government Deskbook (2017 Ed.)

A. (§2.14) Right and Scope of Municipal Officer Compensation Generally

Compensation for elected municipal officers is generally governed by the Missouri Constitution, article XIII, § 3, which states:

1. [I]n order to ensure that the power to control the rate of compensation of elected officials of this state is retained and exercised by the tax paying citizens of the state, after the effective date of this section no elected state official, member of the general assembly, or judge, except municipal judges, shall receive compensation for the performance of their duties other than in the amount established for each office by the Missouri citizens’ commission on compensation for elected officials established pursuant to the provisions of this section. The term “compensation” includes the salary rate established by law, milage [sic] allowances, [and] per diem expense allowances.

The remainder of article XIII, § 3, goes on to explain the makeup and processes of the Missouri Citizen’s Commission on Compensation for Elected Officials, which determines compensation every two years (beginning in 1996). Article XIII, § 3.8. Notably, article XIII, § 3, by its express terms, governs only elected state officials, members of the General Assembly, and judges (excluding municipal judges). Id. Thus, a variety of other municipal positions—including appointed positions—are not governed by article XIII, § 3.

Of those municipal positions not controlled by article XIII, § 3, it is often state statute that controls, which almost universally delegates authority to...