Request By:
Mr. James Hite Hays
Attorney at Law
521 Main Street
P.O. Box 88
Shelbyville, Kentucky 40065
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The Shelby County Judge/Executive-Elect, Mr. Sam Wood, wants to know about his salary in 1978.
His salary, to be set by fiscal court, shall not be less than 60% of the maximum compensation certified under KRS 64.527 (annual rubber dollar adjusted maximum) . See KRS 67.705(3). Suppose in 1978 the maximum rubber dollar amount is $18,000, then 60% of $18,000 is $10,800. Thus his salary cannot be less than $10,800. However, suppose the county judge [regardless of who filled that office] in the calendar year of 1976 received total compensation in the amount of $16,768.80 (maximum for 1976), then the new county judge/ executive would receive as compensation a sum of no less than $16,768.80 in 1978. However, suppose the county judge in Shelby County received in 1976 less than the $10,800 as compensation, mentioned above as the first minimal salary level, then the fiscal court would have to observe the $10,800 minimal level in providing for the county judge/executive's compensation in 1978. The point is that the county judge/ executive can take advantage of the greater minimum basis. KRS 67.705(3) and (4).
The fiscal court is mandatorily held to the applicable minimal [the greater minimum] basis, but it may use its discretion in going above that level until it reaches the maximum permitted under KRS 64.527 (annual rubber dollar maximum) . In addition, fiscal court can adjust the salary up to the maximum at any time where the maximum has not been reached. Dennis v. Rich, Ky., 434 S.W.2d 632 (1966).
Assuming that the compensation of the county judge/executive was set in the $10,000 range in May 1977, and assuming that the fiscal court observed the greater of the two minimal levels mentioned above [(1) 60% of the maximum under KRS 64.527; and (2) Not less than the county judge received in 1976], as we said, the fiscal court may anytime adjust his salary upward, until it reaches the maximum [the maximum under KRS 64.527 in 1978 will probably be in the $18,000 range]. The State Department of Commerce will publish the correct maximum in February, 1978.