Missouri AG Gives Opinion on Lowering Judge's Salary

More than six months after the , the attorney general’s office has issued its opinion on the matter.

In a letter sent through Sen. Tim Green’s office and dated March 9, assistant State Attorney General Linda Lemke writes that the attorney general’s office believes the council did not have the authority to reduce the judge’s salary last year during an unexpired term.

“We view the prohibition against changing a judge’s salary mid-term in section 4.2 of the City of Florissant charter as applying to the term of the office, not personally to the office holder,” the letter reads. “Accordingly, we believe that the City of Florissant did not have the power to reduce the salary of the municipal judge mid-term, after the office had been vacated, and before the new judge had taken over the remainder of the term.”

Mayor Tom Schneider issued the letter to councilors during its public work session Wednesday night.

“I’m happy that the position I had was shared with the attorney general,” he said Thursday morning.

Ward 4 City Councilman Keith English said, “I have not read the AG’s opinion and not spoken to the city attorney just yet.” He declined to provide further comment on the matter.

and the . Following the mayor’s veto, the council performed an override vote to approve the salary of $50,000 per year. Previously, the judge earned $55,000 per year.

Mayor Schneider has previously said that he doesn’t believe the ordinance is legal as it was approved during a term already in progress. , and .

In a previous article, City Attorney John Hessel said, “Since the term is not being served, the city council has the right to change it,” he said. “The office is currently not being served by an elected official.”

The mayor points out that the attorney general’s statement is solely an opinion and not a court ruling.