County boards are frequently involved in decisions on employee wages and benefits, but they also are involved in the annual determinations of the salaries for elected officials, such as the Sheriff and County Attorney.  While it usually isn’t a very drawn out process, the discussions can become somewhat contentious, as seen in the Minnesota Supreme Court’s decision in In the Matter of: The Year 2019 Salary of Freeborn County Sheriff.

In November 2018, Freeborn County Sheriff Kurt Freitag made a presentation to the Freeborn County Board of Commissioners, ultimately requesting a salary of $113,952.  He provided several examples of sheriff salaries in comparable counties to justify his proposed salary.  The Board made no decision on his salary at the meeting.

At a December 2018 public meeting, allegedly without any discussion of its reasoning, the county board voted to set the sheriff’s 2019 salary at $97,020.  Because of the lack of justification for its decision, the sheriff chose to appeal the board’s decision to district court, as he was allowed to under Minnesota law.  The law allows courts to overturn salaries set by a board if it finds the board acted in an arbitrary or capricious manner, or if it finds the Board did not sufficiently take into account the extent of the responsibilities of the office of the sheriff.

During the trial, several commissioners testified that they did not agree with the Sheriff’s proposed salary, they could not identify their reasons for settling on $97,020.  Because of this, the district court found the board acted arbitrarily and without consideration of the duties of the sheriff, and then set the sheriff’s salary at his proposed amount, based on the evidence he provided.

The court of appeals reversed, and the matter was brought before the Minnesota Supreme Court.  There, the Court held that while a county board need not “articulate an exact mathematical process used to calculate” a sheriff’s salary, it “certainly must articulate some reason for settling on a salary figure.”  The matter was then sent back to the court of appeals to determine if the district court had abused its discretion in setting the sheriff’s salary at his proposed amount.

County boards are normally provided a great amount of leeway in coming to decisions that impact their community.  However, there still must be some articulable reason for the decisions made by a board.  At the very least, there should be some discussion about the decision prior to a vote taking place at a public meeting.

Board member conduct can have a significant impact on an organization’s operations, especially if it is not consistent with statute.  If your organization is in need of assistance with conducting meetings consistent with the law, contact the Wiley Law Office, for experience that works.