Request By:
Mr. Jimmie Allen
Magoffin Circuit Clerk
Salyersville, Kentucky 41465
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your letter raises the following question:
"Section 172.110, concerning the salary of the circuit clerk as librarian of the county law library, states that the salary shall be $50.00 up to $100.00 per month.
"Since the value and buying power of a dollar has been going down and the maximum amounts for salaries has been raised each year, would it be within the discretion of the fiscal court to raise the salary to $150.00 per month?"
Under the literal terms of the statute, the maximum payable to the circuit clerk is $100 per month. Thus fiscal court cannot exceed the $100 per month maximum. The clerk can receive this salary in addition to his compensation as clerk, provided that the total does not exceed the rubber dollar maximum permitted under § 246, Constitution. See salary maximums of circuit clerks, effective January 2, 1978. KRS 64.055. The Consumer Price Index formula adjustment operates only [is applied against] on the $12,000 per year monetary level of § 246, Constitution. It does not operate on any statutory fees, salaries, or statutory limits. See
Matthews v. Allen, Ky., 360 S.W.2d 135 (1962); and
Commonwealth v. Hesch, Ky., 395 S.W.2d 362 (1965). The rubber dollar maximum controls, regardless of the number of offices held or public income sources involved.
Coleman v. Hurst, 226 Ky. 501, 11 S.W.2d 133 (1928) 137.
At present the rubber dollar adjustment involves the $7200 base as mentioned in the Constitution [§ 246]. However, as of January 2, 1978, the new base will be $12,000 as mentioned above. See KRS 30A.010 and 30A.180.