East Central Reporter

Shelby County is currently facing a legal conundrum regarding the compensation of certain elected and appointed officials. The county board's responsibility to set compensation for these positions has come under scrutiny, as there appears to be a lack of compliance with established legal requirements.

The issue first came to light when a request was made for the latest compensation-setting resolution for Shelby County elected officials. The response indicated that there was no documentation available for officials whose terms began on December 1, 2024. However, it was later revealed that a resolution had been passed in September 2022 for the Circuit Clerk's salary, but no such resolution existed for the District #2 Elected Board of Review member or the Coroner.

According to case law, if compensation is not set as required by law, it defaults to zero. This precedent was established in the case of Purcell v. Parks (1876), which remains relevant in court cases and Attorney General opinions today. In this case, Justice Dickey stated that without an order from the county board, an officer has no legal entitlement to compensation.

The Shelby County Board plans to appoint a coroner and address the compensation issue at a special meeting. However, any attempt to retroactively set compensation could violate long-established case law. The agenda includes discussions and votes on setting retroactive compensation resolutions for both the Board of Review District #2 and the Shelby County Coroner.

Legal experts have pointed out that while the board can establish new resolutions, they cannot apply them retroactively without violating constitutional prohibitions against increasing or decreasing salaries during an official's term.

If Shelby County proceeds with these actions, those receiving compensation may face legal challenges and potential repayment obligations. Any resident of Shelby County would have standing to initiate such action.