Request By:
Mr. Ralph E. McClanahan
Estill County Judge/Executive
Courthouse
Irvine, Kentucky 40336
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The fiscal court seeks our opinion as to its financial obligations to the county jail and jailer regarding his employees, expenses, repairs, deputy jailer, etc.
A county government can never become indebted by implication of circumstances. Thus a county is liable for expenses incurred or salaries earned only when there is statutory authority to incur, or a legal obligation to pay [as decided by the courts] same.
Farmer v. Marr, 238 Ky. 417, 38 S.W.2d 209 (1931) 212. The statutory power to pay certain expenses and salaries of county government include explicit powers and implicit powers reasonably incidental and indispensable to the proper exercise of the explicit powers.
Edwards v. Logan County, 244 Ky. 296, 50 S.W.2d 83 (1932) 85.
The fiscal court has the express authority to appropriate, and responsibility for appropriating, county money for the construction, operation and maintenance of all county buildings. KRS 67.080(2)(b) and KRS 67.083(3)(e). KRS 67.130 explicitly provides that the fiscal court of each county shall be responsible for the "maintenance and operation" of all county buildings, including the jailer's residence if owned by the county. This has both housekeeping and functional implications.
The county jail is a county building. See KRS 67.130, 67.170, 71.030, 71.060, 441.410 and 441.010. Also see
Tolson v. Wolfe, Ky., 243 S.W.2d 666 (1951) 667; and
Pulaski Fiscal Court v. Floyd, Ky., 374 S.W.2d 863 (1964) 864.
From the above statutes and authorities it can be seen that the fiscal court has the responsibility for maintaining a county jail. This includes building a new one when necessary and repairing or reconstructing an existing one, when necessary.
The fiscal court has the responsibility for providing salaries for the jailer [taking into account his fees] and his deputies out of the county treasury. This means that the fiscal court must pay a salary out of the county treasury to the county jailer and deputies when the jailer's fees are insufficient to provide them with equitable and reasonable salaries. The fiscal court has the responsibility for appropriating money out of the county treasury for the necessary and official expenses in operating the jail when the fees of the jailer are insufficient for that purpose. See KRS 64.530 and
Barkley v. Gatewood, 285 Ky. 179, 147 S.W.2d 373 (1941) 375.
A county officer who is compensated wholly or in part from fees is required to pay over to the county, each year, the excess of receipts over and above the amounts allowable for his personal compensation, the compensation of his legally authorized deputies and assistants, and authorized official expenses. The jailer can take credits against any excess fees for such expenditures. However, in most of the counties we suspect that the county jailer has insufficient fees with which to fund the operation of his office. Thus inevitably he can only be rescued from this financial quicksand by the fiscal court.
Funk v. Milliken, Ky., 317 S.W.2d 499 (1958) 506; and
Fulton County v. Spartan Chemicals, Inc., Ky., 343 S.W.2d 125 (1961). Of course such necessary and official office expenses must be documented in the manner required by Funk v. Milliken, above.
The old Court of Appeals said that under the philosophy of the fee system for county officers, the expenses of the office are to be paid out of the officer's fees, except where the statutes provide for payment out of the county treasury.
Nolan v. White, Ky., 411 S.W.2d 457 (1967). However, under the statutes cited above, and if the county jail is to be functional, it is necessary that fiscal court supplement the jailer's fees in many counties by payment out of the county treasury, subject to its ability to pay.
The court in
Dennis v. Rich, Ky., 434 S.W.2d 632 (1968) wrote that ". . . We conclude that it is absolutely essential to the conduct of government that public officials receive adequate compensation for services but that they should not be paid in excess of that which is reasonable."
The necessity for providing ample funds for the operation of the county jail is evident. When the counties, in some instances, fail to meet the responsibility, or when there is insufficient money in the county treasury to adequately fund the jail operation, it means that the jailer won in getting elected but lost in the roulette of office financing.
Of course the philosophy of state financial support of the county jail should be addressed to the General Assembly.