Lаclede County appeals from a judgment of the circuit court upholding the constitutionality of section 50.333.13, RSMo Supp. 1999, which purports to authorize a midterm increase in salaries of county commissioners, including respondents, who were elected to four-year terms in 1996. Appellant contends that section 50.333.13 violates the Missouri Constitution article VII, section 13, which prohibits increases in the compensation of offiсeholders during the term of office. Because the validity of a statute is- challenged, this Court has exclusive appellate jurisdiction. Mo. Cоnst, art. V, sec. 3. The judgment is reversed.
The facts are not in dispute. Until 1995, the term of office for associate county commissioners, under section 49.020, RSMo 1994, was two years. But in 1995 the legislature amended section 49.020 by extending the term of office for associate county commissioners eleсted in 1996, and in subsequent years, to four years. Thereafter, in 1996, respondents Lowell Douglas and Rick Wolken were elected associate county commissioners for Laclede County. Both respondents had already held that office for two-year terms, having first been elected in 1994, but the 1996 election resulted in a new four-year term.
Since 1987, the salaries of Laclede County officeholders had been set, according tо statutory guidelines, by a county salary commission as required under section 50.333, RSMo Cum. Supp. 1987. In 1997, after respondents commenced their four-year tеrms, the legislature amended section 50.333 by adding a new subsection 13, which states in pertinent part:
At the salary commission meeting in 1997 which establishes the sаlaries for those officers to be elected at the general election in 1998, the salary commission of each noncharter сounty may provide salary increases for associate county commissioners elected in 1996. This one-time increase is necessitated by the change from two- to four-year terms for associate commissioners pursuant to house bill 256....
Sec. 50.333.13. Acting under that new subsection, the Laclede County salary commission approved an increase in respondents’ compensation, effective in 1999. Appellant then filed a petition for declaratory judgment challenging the constitutionality of both section 50.333.13 and of the midterm increase in respondents’ compensation. The trial court upheld the statute, and this appeal followed.
The standard of review for a declaratory judgment is the same as that established in
Murphy v. Carron,
Appellant argues that section 50.333.13 violates article VII, section 13, of the Missouri Constitution by authorizing an increase in the compensatiоn of county officers during their term in office. Respondents’ position, consistent with the trial court’s holding, is that the 1996 increase in their term of office from two years to four is an additional duty of the office, which, under this Court’s precedents, removes the statute from the prohibition against midterm inсreases in compensation.
Article VII, section 13, provides:
Limitation on increase of compensation and extension of terms of office.
*828 The compensation of state, county and municipal officers shall not be increased during the term of office; nor shall the term of any officer be extended.
Despite its plain language, the Constitutional prohibition against midterm increases in compensation is not absolute. In
Mooney v. County of St. Louis,
This is not a case like
Hawkins v. City of Fayette,
1. ... A law which would authorize an increase in the compensation of county officers shall not be construed as requiring a new activity or service or an increase in the level of any activity or service within the meaning of this constitution.
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2. Upon approval of this amendment by the vоters of Missouri the compensation of county officials, or their duly appointed successor, elected at the general elеction in 1984 or 1986 may be increased during that term in accordance with any law adopted by the general assembly or, in counties which have adopted a charter for their own government, in accordance with such charter, notwithstanding the provisions of section 13 of articlе VII of the Constitution of Missouri.
When the subsections are read together, as intended, their application is limited to county officers eleсted in 1984 or 1986, and to any increase in compensation provided by law to those officers during them terms.
In conclusion, this Court holds that section 50.133.13 is invаlid because it violates article VII, section 13, which prohibits midterm increases in the compensation of state, county and municipal оfficers. Consequently, the action of the Laclede Coun *829 ty salary commission increasing respondents’ compensation is also invalid.
The judgment is reversed.
