Request By:
Mr. Herbert Greene
Greenup County Coroner
444 Bellefonte Street
Russell, Kentucky 41169
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
General Beshear, in connection with his Ashland conference, has asked me to reply to your questions about the county coroner's salary.
You, as coroner, have completed the continuing education requirements of the statute, KRS 64.185, but fiscal court will not pay the higher minimum.
Based upon the population of Greenup County, the minimum salary payable to the coroner is $175 per month. See KRS 64.185(1). However, where a coroner holds a current certificate of continuing education as described in the statute, the minimum monthly salary in Greenup County is $325.
The coroners of Kentucky were added to the rubber dollar statute, KRS 64.527, by H.B. 423 [Ch. 283, Section 1, 1976 regular session]. Thus under the rubber dollar statute, the constitutional officers listed therein, including the coroner, cannot be paid a salary in excess of the rubber dollar maximum for the particular year. That maximum figure is sent out to all fiscal courts in February of each year by the Department of Finance. See Commonwealth v. Hesch, Ky., 395 S.W.2d 362 (1965) 163. Of course the General Assembly must act affirmatively in order to put the rubber dollar doctrine into application. Meade County v. Neafus, Ky., 395 S.W. 573 (1965). That is exactly what the legislature did in 1976 in adding coroners to the rubber dollar principle. Thus it is our opinion that the Fiscal Court of Greenup County is required to honor the current minimum salary of $325 per month under KRS 64.185, assuming you have the current certificate of continuing education. However, this is not merely based upon the augmentation of the minimum salary because of the certificate. It is primarily based upon the application of the rubber dollar cases and the implementing legislation of KRS 64.527. Cf. Carey v. Washington County Fiscal Court, Ky., App., 575 S.W.2d 161 (1979), based upon facts prior to the subject 1976 amendment to KRS 64.527, adding coroners to the rubber dollar statute. Under the rubber dollar doctrine, until the maximum rubber dollar salary is attained, the authority of fiscal court to adjust upward the coroner's salary remains, even during his term. Dennis v. Rich, Ky., 434 S.W.2d 632 (1968) 637.
The answer to question no. 1 is that the fiscal court can adjust your salary upward, provided the maximum rubber dollar amount is not exceeded. The maximum rubber dollar amount for 1980 is $23,184 per year. Since you are under the rubber dollar, the fiscal court must at least honor the minimum of $325 per month.
You ask what constitutes justifiable homicide?
The coroner's or his jury's verdict is not binding on anyone. It is merely for the information of the law enforcement people, including the local prosecutors. Under KRS 72.420(3), and in the event the jury's verdict is murder, manslaughter, or other criminal act, the coroner shall arrest the named individual or notify the appropriate law enforcement authority to arrest such individual to be dealt with according to law. A copy of the coroner's verdict must be filed with the circuit court clerk of your county. Where the jury wants to call a homicide justifiable in the verdict, it would be a statutory justification dealt with in KRS 503.010 through 503.120. The major statutes in that chapter and the nature of the justification are shown below for your guidance: StatuteNature503.030Choice of evils503.040Execution of public duty503.050Self-Protection503.060Improper use of self-protection503.070Protection of another503.080Protection of property503.090Physical force in law enforcement503.100Prevention of suicide or crime503.110Use of force by one entrusted withcare of others503.120General justification
Question No. 3 involves the refusal of a district medical examiner's office to do an autopsy.
Under KRS 72.460 the cost of autopsies shall be paid by the fiscal court. However, the Department for Human Resources, Medical Examiner Program, may contract with pathologists and toxicologists and chemists and pay for such autopsies within the budgetary limitations of funds appropriated by the General Assembly for this purpose. Thus the medical examiners program is not mandated to pay for autopsies. Under KRS 72.220 the DHR shall, within budgetary limitation, provide medical assistance to coroners in investigating deaths; and provide or contract for laboratory facilities for performing autopsies. Here again the medical assistance to coroners by DHR is not mandated. They are restricted to the DHR budget.