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 statutory 90% deputy sheriff salary limit also caps total pay when a county or city provides a local supplement.

Plain-English summary

Chesterfield County's sheriff asked whether Virginia Code § 15.2-1609.2(F), which says a deputy's salary may not exceed 90% of the sheriff's salary, applies only to Compensation Board pay or also to combined pay after a local supplement. The AG concluded it does not cap the combined total when a county or city provides supplemental pay.

The Commonwealth generally funds sheriff and deputy salaries, and the Compensation Board establishes annual salaries subject to legislative appropriation. The AG explained that the Board's allocation sets the minimum that deputies may be paid. Separately, § 15.2-1605.1 lets a county or city supplement compensation from its own funds "[n]otwithstanding any other provision of law" and in amounts it deems expedient. The AG read that authority as allowing a deputy's combined pay to exceed 90% of the sheriff's salary.

The opinion addresses sheriff's deputies, not the pay arrangements of other constitutional officers or their staffs. It does not discuss Compensation Board approval, reporting, or veto authority over supplements.

What this means for you

If you budget deputy pay

The opinion distinguishes the Compensation Board salary allocation from a locally funded supplement. A county or city may supplement deputy pay even when the combined total exceeds the statutory 90% figure.

If you are a deputy sheriff

The opinion says the 90% limit does not apply to total pay after a local supplement. It does not determine that a particular locality must provide one.

Common questions

Can combined pay exceed 90% of the sheriff's salary?
Yes. The AG says § 15.2-1609.2(F) does not prevent a local supplement that takes total pay above that figure.

Who funds the supplement?
Virginia Code § 15.2-1605.1, as quoted in the opinion, says it is wholly payable from county or city funds.

Does the opinion decide Compensation Board approval or reporting rules?
No. It decides only whether the 90% statutory limit reaches a deputy's total pay with local supplementation.

Background and statutory framework

Virginia Code § 15.2-1609.2(F) limits the salary paid to deputy sheriffs under the state compensation arrangement. Virginia Code § 15.2-1605.1 separately allows counties and cities to supplement constitutional officers' and deputies' pay from local funds. The AG gave effect to its "notwithstanding" language and concluded that the 90% limit does not restrict locally funded supplements.

Citations and references

• Va. Code § 15.2-1609.2(F) (deputy sheriff salary limit)
• Va. Code § 15.2-1605.1 (local supplements)

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