Request By:
Mr. Robert L. Purdom
State Local Finance Officer
Department for Administration
Division of County and Municipal
Accounting
Capitol Annex
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your office is receiving requests about the county jailers' compensation and the effect of H.B. 440, 1982 Session.
Question No. 1:
How is the compensation for the jailer determined for the 1981 calendar year?
It is determined from his total fees actually received during that calendar year, but not to exceed the maximum rubber dollar amount of $26,058.00. The statutes do not spell out that the jailer may in 1981 apply his fees first to the payment of his salary; however
Funk v. Milliken, Ky., 317 S.W.2d 499 (1958), seems to suggest that the jailer may first apply his fees paid in to his own compensation, then, if any fees remain, to the payment of his deputies' salaries, and then, if any fees remain, to the payment of other necessary and documented expenses of that office. The courts, however, would have to resolve that issue. There is no statute that mandates that the jailer, for 1981, must divide his fees and fund his salary, his deputies' salaries and other expenses on some arithmetical percentage basis. In the absence of contrary statutory provision, it seems logical to conclude that the jailer, for 1981, may first apply his earned fees to his own compensation. Then if any fees remain, they may be applied to his deputy salaries and other expenses.
Question No. 2:
What is the amount of compensation that each jailer must receive in 1982 and future years?
Under the new KRS 441.009, effective July 1, 1982, the jailer's salary from the county jail operating budget for the calendar year of 1982 shall be equal to the compensation of the jailer in the calendar year 1981 (or what he should have received under the principle outlined in question no. 1, above) or $12,000, whichever is greater. The same referential principle would apply in subsequent years. Thus, as a minimal basis, the jailer would receive in 1983 a salary equal to what he received in 1982 or $12,000, whichever is greater. A fiscal court may establish a higher level of compensation for the jailer, subject to the maximum rubber dollar amount covered in KRS 64.527.
Question No. 3:
KRS 71.060 states that a) subject to the provisions of KRS 64.345 any jailer may appoint not more than two deputies and with the approval of the county judge executive may appoint additional deputies; b) subject to the provisions of KRS 441.230 any jailer may appoint a respectable woman to care for and have supervision over the female prisoners in the jail, subject to the orders of the jailer. Under H.B. 440 must the county allow each jailer a minimum of two deputies and one matron and fund these positions?
Under KRS 71.060, as amended by Section 28 of H.B. 440, 1982 Session, effective July 1, 1982, any jailer may appoint not more than two (2) deputies, and, with the approval of the fiscal court, may appoint additional deputies at any time during the jailer's term of office. Any jailer may appoint a matron for female prisoners. Additional matrons may be appointed by the jailer with approval of the fiscal court at any time during the jailer's term of office. Such appointed deputies and matrons must be salaried and funded by the county in its jail budget. See KRS 441.005, as amended, new section KRS 441.006, new 441.007, new 441.008.
Question No. 4:
What happens to any excess fees that the jailer may have generated from January 1, 1982 thru June 30, 1982?
The excess fee principle is framed around a county officer who is compensated wholly or in part from fees. In such case after paying the officer's salary, his deputies' salaries and other necessary expenses out of the fees, the excess remaining goes to the county treasury.