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Funding of Constitutional Officers - Virginia Joint Legislative Audit ...

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IV. Administration <strong>of</strong> State <strong>Funding</strong><br />

The general budgeting and reimbursement process used by the State Compensation<br />

Board has been used for some <strong>of</strong>the constitutional <strong>of</strong>ficers for more than 50<br />

years. In 1934, the General Assembly established the State Compensation Board for<br />

the purpose <strong>of</strong>fixing salaries and expenses <strong>of</strong>Commonwealth's attorneys, commissioners<br />

<strong>of</strong>revenue, and treasurers. Prior to this time, funding for all constitutional <strong>of</strong>ficers<br />

was based on fees collected for services provided by the <strong>of</strong>fices. With the creation <strong>of</strong>the<br />

Compensation Board, compensation for Commonwealth's attorneys and the two financial<br />

<strong>of</strong>ficers was converted to a salary basis. Sheriffs became salaried <strong>of</strong>fices in 1942,<br />

and circuit court clerks were converted from the fee system in 1982.<br />

While the budgeting and reimbursement process may have been appropriate<br />

for funding the <strong>of</strong>fices in the past, it no longer meets the needs for funding <strong>of</strong><strong>Virginia</strong>'s<br />

constitutional <strong>of</strong>ficers. Changes in the responsibilities <strong>of</strong> the <strong>of</strong>ficers, coupled with<br />

growth in the State's population, has resulted in dramatic growth in the workload <strong>of</strong><br />

the constitutional <strong>of</strong>ficers. The complexity <strong>of</strong>the services provided and rapid growth in<br />

the workload <strong>of</strong> the <strong>of</strong>fices have made the current process incapable <strong>of</strong> providing the<br />

appropriate level <strong>of</strong>resources to the <strong>of</strong>fices. Moreover, because the budgeting process<br />

has become outdated, there is little real accountability for the State funds allocated to<br />

the constitutional <strong>of</strong>ficers.<br />

With the development <strong>of</strong> staffing standards for each <strong>of</strong> the constitutional<br />

<strong>of</strong>ficers, a more systematic and equitable funding system is possible. This chapter<br />

describes the current process and outlines an alternative approach. The new approach<br />

provides a more direct link between State funding and the work <strong>of</strong> the constitutional<br />

<strong>of</strong>ficers, and enhances accountability for State funds.<br />

THE CURRENT FUNDING PROCESS<br />

The current system by which constitutional <strong>of</strong>fices are funded consists <strong>of</strong> a<br />

budgeting process in which requests for funding are approved, and a reimbursement<br />

process in which approved expenses are actually paid. These processes are mandated<br />

by the Code <strong>of</strong><strong>Virginia</strong> and the Appropriations Act. General provisions for the budgeting<br />

and reimbursement <strong>of</strong> salaries, expenses, and other allowances are addressed in<br />

law, while specific <strong>of</strong>ficer salaries and additional funding requirements are mandated<br />

in the Appropriations Act.<br />

The Budget PrQces~<br />

The State Compensation Board is responsible for the budget process, but it<br />

also involves all <strong>of</strong>the local governments across the State. Section 1-51 <strong>of</strong>the Code<br />

<strong>of</strong><strong>Virginia</strong> charges the Compensation Board with the responsibility to "fix and deter-<br />

33

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