Planting v. Board of County Com'rs of Ada County, 11080

• Court: United States State Supreme Court of Idaho
• Writing for the Court: McFADDEN; DONALDSON
• Citation: 511 P.2d 301,95 Idaho 484
• Parties: Clarence A. PLANTING, Plaintiff-Respondent, v. BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY, Idaho, Defendant-Appellant.
• Docket Number: No. 11080,11080
• Decision Date: 27 June 1973

Page 301

511 P.2d 301 95 Idaho 484 Clarence A. PLANTING, Plaintiff-Respondent,
v.
BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY, Idaho, Defendant-Appellant. No. 11080. Supreme Court of Idaho. June 27, 1973.

James E. Risch, Ada County Pros. Atty., Boise, for defendant-appellant.

Moffatt, Thomas, Barrett & Blanton, Boise, for plaintiff-respondent.

McFADDEN, Justice.

At their meeting on April 13, 1970, by order, the Board of County Commissioners [95 Idaho 485]

Page 302

of Ada County (hereinafter referred to as appellant) set the salary of the various county employees for the next ensuing two years. This action was taken pursuant to the then existing statute, I.C. § 31-3106. The salary of Clarence A. Planting, the respondent herein, who was serving as the Clerk of the District Court, ex-officio auditor, recorder, etc., was set at $12,500 per annum.

In 1971, the legislature amended I.C. § 31-3106 (S.L.1971, Ch. 110) to require the county commissioners of each county at the April meeting 'to fix the annual salaries of the several county officers, except county commissioners and prosecuting attorneys, as of and from the second Monday of January, for the next ensuing year.' This enactment carried an emergency clause which became effective upon its approval on March 12, 1971. At the appellant's meeting of April 12, 1971, the board entered its order which provided:

'NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED That the annual salary of all Ada County Elected officials, except the County Commissioners, Prosecuting Attorney and Coroner, shall be an amount in the sum certain which shall be exactly Five Hundred Dollars ($500.00) less Than the salary actually paid to the Ada County Commissioners by law for the next ensuing year, i.e., 1972, and which annual salary of each of the Ada County Officers shall be as of any from the second Monday of January for the next ensuing year, i.e., 1972.'

When this order was entered, the legislature had fixed the salaries of the Ada County Commissioners at $11,000 per annum. ¹ The effect of this order reduced respondent's salary, previously fixed by the April 13, 1970, meeting, from $12,500 per annum, to $10,500 per annum. This order had no effect on the salary of the sheriff, treasurer or assessor, for their salaries had been set at the April, 1970, meeting at $10,500 per annum for the next two ensuing years.

Respondent appealed to the district court from the appellant's order. In his notice of appeal he stated that the grounds for his appeal were 'that said action of the Board of Commissioners of Ada County was unreasonable, arbitrary, capricious, illegal, in violation of the requirements of the Constitution of the State of Idaho, and unlawfully discriminatory against the plaintiff-appellant.'

The case was tried before the district court sitting without a jury. The court entered its findings of fact and conclusions of law and ruled that the April 12, 1971, order was 'without force and effect' and that the only valid order was the previous order of April, 1970, and that respondent Planting should receive the annual salary of $12,500 for 1972. Following entry of judgment appellants appealed.

Under long standing precedent, this...