SOUTH BEND — St. Joseph County's sheriff is taking the county to court. Sheriff Frank Canarecci filed a lawsuit over his base pay.

Under Indiana law, Canarecci has to be paid $119,000 this year. That's the same as the prosecutor.

The St. Joseph County Council approved a lower salary last month, but he's allowed to keep tax warrant money, which would match the prosecutor's pay.

Canarecci says that's not legal. So, he's suing the county for a pay increase and more than $14,000 in back pay. The lawsuit lists the St. Joseph County Commissioners, County Council members and the county auditor for not matching his base pay with the prosecutor's in 2005, 2007 and this year.

According to the suit, Canarecci's pay was not increased in July 2005 to match the prosecutor's mid-year increase and was lower than the state minimum again in 2007.

"All that state legislation says he shall receive $119,000, the same as the prosecutor. It does not say how he should receive the money," said St. Joseph County Commissioner Steve Ross.

Court documents show that beginning in 2007, Canarecci started keeping the fees for tax warrant money he collected.

So last month, the County Council cut his base pay, but allowed him to keep the tax warrant money, giving him $119,000.

The lawsuit claims Indiana law mandates a salary of $119,000 in addition to the tax warrant money.

"For the last 12 years, all the sheriffs, including himself, have signed a contract with the county to determine how he would receive his money. Now he has decided that he's going to receive more money, the $119,000 plus the money. That is not an appropriate way to be conducting his office," said Ross.

Canarecci has similar thoughts about the county officials' actions. In the lawsuit, he calls their actions "frivolous, unreasonable and groundless."

"If we walked away and said, 'You keep the money that you're not deserving of,' I don't think that is being responsible as leaders," said Ross.

Until 2005, Canarecci and other sheriffs were under contracts that made them salaried and required them to turn over all the tax warrant money.

The sheriff is asking for damages equal to twice the amount of money he says the county owes him.

If he wins, this case could affect how other sheriffs are paid. The county is paying the sheriff the same way sheriffs in 20 other Indiana counties have been paid.