Does the 90% pay cap on Virginia deputy sheriff salaries apply when my county adds local supplemental pay on top of the state salary?

Subject

Whether the cap in Va. Code § 15.2-1609.2(F) limiting deputy sheriff salaries to 90% of the sheriff's salary applies only to Compensation Board salaries, or also to a deputy's combined pay when a county or city adds a local supplement.

Plain-English summary

Virginia funds the salaries of sheriffs and their deputies through the State Compensation Board. Section 15.2-1609.2(F) caps deputy salaries at 90% of the sheriff's salary, which has historically been a Compensation Board administrative rule designed to preserve the sheriff's pay position as the lead officer.

Chesterfield Sheriff Karl Leonard asked the AG a question that has long bothered Virginia sheriffs and deputies: when a county or city uses its own funds to supplement deputy pay, does the 90% cap apply to the total, effectively crippling local supplementation programs? AG Miyares said no. Section 15.2-1605.1 expressly allows a locality to supplement constitutional officer and deputy compensation "notwithstanding any other provision of law" and "in such amounts as it may deem expedient." The "notwithstanding" language is sweeping; it tells courts that other statutory limits, including the 90% cap in § 15.2-1609.2(F), do not apply to locally funded supplements.

The practical effect is significant. A deputy whose Compensation Board base salary is at the 90% cap can still receive a county or city supplement that pushes the total above 90% of the sheriff's salary. The Compensation Board's allocation is a floor for minimum pay, not a ceiling for total pay. The cap regulates state-funded pay; the locality is free with its own funds.

The AG noted that this Office had previously concluded localities may use their own funds to supplement the salaries of constitutional officers and their deputies, and applied that principle here to the specific 90% question.

What this means for you

Virginia sheriffs and chief deputies

The opinion holds that the 90% cap in § 15.2-1609.2(F) limits only the salary the Compensation Board allocates, not a deputy's total pay once a county or city adds a local supplement. So combined pay (Compensation Board salary plus local supplement) can exceed 90% of the sheriff's salary. The opinion treats the Board's allocation as a minimum for deputy pay rather than a ceiling on total pay.

County administrators, city managers, and budget officers

The opinion holds that under § 15.2-1605.1 a county or city may, in its discretion, supplement deputy compensation from its own funds "in such amounts as it may deem expedient," and that the 90% cap in § 15.2-1609.2(F) does not limit that locally funded supplement because § 15.2-1605.1 applies "notwithstanding any other provision of law." It does not address how a locality should structure or document a supplement program.

Deputy sheriffs

The opinion explains that a deputy's pay can come from two sources governed by different rules: the Compensation Board salary (subject to the 90% cap) and a locally funded supplement (not subject to that cap). It holds that the two combined may exceed 90% of the sheriff's salary.

State legislators and Compensation Board members

The opinion holds that § 15.2-1609.2(F) is a limit on the Board's salary allocation, not on total pay, and that § 15.2-1605.1's "notwithstanding any other provision of law" language means the 90% cap does not reach locally funded supplements. It does not opine on whether total deputy pay should be constrained or on any change to the Board's role.

Common questions

Q: Does this apply to deputies of other constitutional officers, like Commonwealth's Attorneys or Treasurers?
A: The opinion expressly does not address them. The AG noted that § 2.2-505 lets this Office opine for a sheriff only on questions "directly related to the discharge of [his] duties," and so the opinion is limited to sheriff's deputies and does not reach other constitutional officers or their staffs.

Q: Can a county also supplement the sheriff's pay above the Compensation Board level?
A: Yes, under § 15.2-1605.1. The statute lets a locality supplement "the compensation of the sheriff . . . or any of their deputies or employees, above the salary of any such officer, deputy or employee." Both sheriff and deputy supplementation are authorized.

Q: Does the supplement count toward retirement benefits?
A: The opinion does not address retirement or Virginia Retirement System treatment of supplemental compensation. It decides only that the 90% cap does not limit a locally funded supplement.

Q: Can the locality supplement only some deputies, like senior deputies or specialty unit members?
A: The opinion does not decide that question. It quotes § 15.2-1605.1's authorization to supplement "in such amounts as it may deem expedient" but addresses only whether the 90% cap limits the total, not how a locality may differentiate among deputies.

Q: Is the supplement subject to Compensation Board approval?
A: No. The Compensation Board governs state-funded compensation; the supplement is locally funded and operates under § 15.2-1605.1 separately. The Board may track total compensation for reporting purposes, but it does not approve or veto local supplements.

Q: What if the locality runs out of money for the supplement?
A: The opinion notes that under § 15.2-1605.1 the supplement is "wholly payable from the funds of any such county or city." The Compensation Board salary is the separately funded minimum. The opinion does not address what happens to a supplement in a given budget year.

Background and statutory framework

Virginia's compensation system for constitutional officers reflects the unique status of those officers under the state Constitution. They are not employees of their localities; they are state constitutional officers, with state funding for base pay set by the Compensation Board, and locally elected. The Compensation Board's allocation establishes baseline state-funded compensation.

Section 15.2-1605.1 is the locally funded supplementation authority. It dates from the modern recodification of Title 15.2 and consolidates prior, more piecemeal provisions for various constitutional offices. The "notwithstanding any other provision of law" clause was deliberately broad: it ensures that the local supplementation authority is not narrowly cabined by particular statutory caps elsewhere in the Code.

Section 15.2-1609.2(F) is a Compensation Board rule for state-funded deputy pay. It prevents the Board from allocating deputy compensation that would exceed 90% of the sheriff's allocation. The policy rationale is to maintain the sheriff's lead pay position within state-funded compensation. The rule was never designed to constrain local funding, because local funding is governed by the separate § 15.2-1605.1 framework.

The opinion builds on this Office's prior conclusion that localities may use their own funds to supplement constitutional officers and their deputies, applying that principle specifically to the 90% cap question.

Citations and references

Statutes:

• Va. Code Ann. § 15.2-1605.1 (local supplementation authority)
• Va. Code Ann. § 15.2-1609.2 (deputy sheriff compensation, including 90% cap)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2022/22-037-Leonard-issued.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

COMMONWEALTH of VIRGINIA

Office of the Attorney General

Jason S. Miyares
Attorney General
202 North Ninth Street
Richmond, Virginia 23219
804-786-2071
Fax 804-786-1991
Virginia Relay Services

September 7, 2022

The Honorable Karl S. Leonard
Sheriff, Chesterfield County
Post Office Box 940
Chesterfield, Virginia 23832-0001

Dear Sheriff Leonard:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You ask whether the limit on deputy salaries set forth in Virginia Code § 15.2-1609.2(F) applies only to salaries set by the Compensation Board or whether the law also applies to a deputy's combined pay when a county or city elects to provide its sheriff's deputies supplemental pay. Code § 2.2-505 authorizes this Office to opine on a question presented by a sheriff only when "the question dealt with is directly related to the discharge of [his] duties . . . ." Accordingly, this opinion does not address any questions you present to the extent they relate to other constitutional officers or their staffs.

Applicable Law and Discussion

The Commonwealth generally funds the salaries of sheriffs and their deputies. The annual salaries are established by the Compensation Board, subject to appropriation by the General Assembly. Depending on a particular deputy's duties, that deputy's pay is set by the sheriff. The sheriff nonetheless allocates compensation among the deputies based on an aggregate amount determined by the Board. Code § 15.2-1609.2(F) limits the amount that can be paid to deputy sheriffs: it directs that "[t]he salary of any deputy sheriff shall not exceed ninety percent of the salary of the sheriff by whom he is employed."

Nevertheless, as this Office previously has concluded, local governing bodies of counties and cities are permitted to use their own funds to supplement the salaries of constitutional officers and their deputies. Code § 15.2-1605.1 expressly provides that

Notwithstanding any other provision of law, the governing body of any county or city, in its discretion, may supplement the compensation of the sheriff . . . or any of the[] deputies or employees, above the salary of any such officer, deputy or employee, in such amounts as it may deem expedient. Such additional compensation shall be wholly payable from the funds of any such county or city.

As such, the Compensation Board's salary allocation serves to establish the minimum amounts that sheriffs' deputies can be paid. Contrary to the restriction imposed on the Board by Code § 15.2-1609.2(F), Code § 15.2-1605.1 broadly allows a county or city to supplement a deputy's pay in an amount it "deems expedient." The plain language of Code § 15.2-1605.1, which applies "notwithstanding any other provision of law," thus does not limit what supplemental compensation a county or city may provide a deputy sheriff. Accordingly, Code § 15.2-1609.2(F) does not preclude cities and counties from providing deputies supplemental pay that would result in combined pay that exceeds ninety percent of the sheriff's salary.

Conclusion

It is my opinion that the limit on deputy salaries set forth in Code § 15.2-1609.2(F) does not apply to a deputy's total pay when a county or city elects to provide its sheriff's deputies supplemental pay.

With kindest regards, I am,

Very truly yours,

Jason S. Miyares
Attorney General