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Deputy Sheriffs' Salary
Increase Pass-Through Act

SHERIFFS TO RECEIVE GENERAL ASSEMBLY ENACTED COMPENSATION INCREASES

The compensation system for Sheriffs and their deputies is a complicated system. The Commonwealth, through the Compensation Board, provides the salaries for Sheriffs and their deputies. Sometimes, depending on the form of county government in the locality where the Sheriff serves, the Compensation Board and the Governor set the salaries for the deputies. Other times, the Compensation Board provides the Sheriff with a budget for the salaries in the aggregate, but the Sheriff sets the actual salaries. Still, other times, the county receives the finances for the salaries. Counties may supplement the salary of any Sheriff or deputy sheriff with their own finances. However, under no circumstances may a deputy sheriff's compensation be less than that of the similarly situated State corrections officer.

Under any system, the Commonwealth's Compensation Board plays a substantial role in setting the salaries of the deputies. Several times over the last few years, the Compensation Board has concluded that deputies were entitled to substantial pay increases of up to 10%. Many factors go into a decision to increase the deputies pay, including attempting to remain competitive with the police departments, improving the quality of living of a deputy, compensating a deputy more adequately for the daily risks he takes to his life, attempting to attract the most qualified candidates for vacancies and attempting to retain the best deputies without their need to resort to second and third jobs just to feed their families.

In the last few years, however, on more than one occasion, some deputies did not see any additional monies in their paychecks despite the Compensation Board's statewide increase. For example, deputies in Loudon County did not receive any pay increase after the Compensation Board issued a 10% pay increase to the deputies. What happened to that money? It appears that the County benefited from the pay increase, perhaps by having to supplement the deputies pay by 10% less than in the previous year. In any event, neither the Sheriff's Office nor the deputies received the Compensation Board's intended benefit from that increase.

This Bill would prevent counties and local governments from failing to pass the pay increases on to deputies. Regardless of whether the county supplement's the deputies' pay, the deputies will receive the pay increase the Compensation Board provides. Thus, if Fairfax County, for example, provides deputies with a 50% supplement, when the Compensation Board determines the deputies are entitled to a 10% increase in the Commonwealth's portion, Fairfax cannot reduce their supplement so that the County and not the deputies receive the benefit of the pay increase.

Fairfax County would not be required to actually increase the amount of its supplement. However, it would have to provide the deputies with the increased revenues the County receives from the Compensation Board for the deputies. This way, the will of the Compensation Board will be carried out and the deputies' pay will remain competitive. An Act to amend Virginia Code Title 14.1, Section 14.1-82.1


Be it enacted by the General Assembly of Virginia: that the Code of Virginia is amended by adding to Title 14.1 Section 82.1 as follows:

§ 14.1-82.1 Sheriffs To Receive General Assembly enacted Compensation Board Salary Increases -- Regardless of the form of county organization and government under which a county is formed, whenever the Compensation Board shall provide salary increases, including but not limited to cost of living increases, whether specifically for Sheriffs and their deputies or to the general compensation to be paid in the aggregate to the Sheriff, whether paid in accordance with code Sections 14.1-51, 14.1-73.1:1, 14.1-79, 14.1-81, or any other Section, the County shall not use that compensation for any other purposes. The County shall pass on the Compensation Board salary increases in the proper proportion to the Sheriffs and their deputies.

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