Request By:
Hon. James S. Secrest
Allen County Attorney
210 West Main Street
Scottsville, Kentucky 42164
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Elizabeth E. Blackford, Assistant Attorney General
You ask whether the county patrolmen could use the sheriff's facilities, by agreement with the sheriff, while remaining under the control and remaining under the control and direction of the County Judge/Executive, as a cooperative effort to save duplication of costs and duties performed. It is our opinion that they cannot. Pursuant to KRS 70.550 and 70.560 the expenses of the county police are to be provided for and funded through the county court and the fiscal court. Pursuant to KRS 64.060 and 64.140 the expenses of the sheriff's office are to be funded from fees collected by the sheriff. Were the two to combine their operation by sharing their facilities, it would be difficult to determine what expenses should be assessed to what source of funding. The different sources of funding, when combined with the different sources of jurisdiction and control provided for by Chapter 70, force us to conclude that it is the intent of the Legislature that the sheriff and the county police should operate in all ways as independent entities. Thus, it is our opinion that the county patrolman may not use the sheriff's facilities under the cooperative attempt to save costs.
You also ask whether the county patrolmen may use the Uniform Citations issued to the sheriff's office by the AOC. Because of the legislative commitment to having the county police and the sheriff's office operate as separate entities, it is the opinion of this office that the county patrolmen may not issue Uniform Citations issued to the sheriff's office by the AOC. Therefore, it will be necessary for the County Judge/Executive to apply for a set of uniform citations to be used exclusively by the county police.
Lastly, your reading of OAG 78-228 is correct. County patrolmen are never entitled to arrest fees.