SHERIDAN — A bill draft that would have removed the salary cap for county attorneys failed in the Wyoming Legislature's Joint Judiciary Committee Tuesday. The bill would have also amended the state contribution to counties for the salaries of county and prosecuting attorneys.
The bill itself isn’t new; an identical bill was shot down in May by a vote of seven to six. In Tuesday’s meeting, the bill failed introduction at the hands of Wyoming House representatives.
The bill, which would have gone into effect in 2023, would increase the maximum amount paid by the state to $50,000 or 50% of the overall salary, whichever is less, to the respective county. The minimum salary permitted under the constitution and statutory law would remain $35,000.
Elected county attorneys make less than some deputy county attorneys. For example in Sheridan County, one of the concerning counties of eight in the state, Sheridan County and Prosecuting Attorney Dianna Bennett’s salary sits at an immovable $89,850 for her elected term, while Deputy Prosecuting Attorney Christopher LaRosa is paid $92,528.64. In neighboring Campbell County, two deputy attorneys make more than County Attorney Ronald Wirthwein.
Sheridan County commissioners set the budgeted amount for the county attorney a few months before a new official is elected and it remains at that amount until the next election cycle, therefore not allowing Bennett to receive a raise annually or in the case of countywide raises. She may only receive a chance at a raise if she runs and is reelected to her position. Finding qualified candidates to work in an elected position for less of a salary than those they lead is difficult.
Wyoming Legislative Joint Judiciary Committee co-chairman Dan Kirkbride, R-Chugwater said although it may seem irresponsible to pass a budget increase during a budget crisis, it’s up to the county commissioners to determine if they will raise the salary of the county’s respective county attorney.
“When I was a commissioner, the weakest attorney in the county became the county attorney because of, among other things, low salary,” Kirkbride said. “You don’t want the weakest attorney in your county being your county attorneys.”
Bennett said she understands the budget concerns but noted the bill would not go into effect until 2023, allowing for possible budget revitalization in that time.
“We have money problems now, but maybe in 2023 things will get better, but regardless none of that would require the state to pay any more money,” Bennett said. “It’s up to the individual counties who would have the ability to with a higher cap. I think it made the most sense to have a higher cap.
“The other elected officials have something in statute about salaries and most of them have something like set salary — like the governor — or a cap — like the other elected officials,” she added.
City of Sheridan employees received raises after Sheridan City Council recognized stable sales and use tax revenues during the fiscal year. County commissioners considered raises at the beginning of the year, but with similar concerns to city councilors, held off and eventually dropped the idea for the year despite staff realizing increased insurance costs. Even if county staff received raises, Bennett said her salary remains locked in for her current term.
“I don’t feel like we’re moving forward very much,” Bennett said.
Legislators have an opportunity to sponsor the bill individually or as a group outside of committee during the 2021 legislative session.
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October 28, 2020 at 10:00PM
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Continued battle: County attorney salary legislation fails again - The Sheridan Press
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