Request By:
Mr. Mark W. Jasper
Rockcastle County
Deputy Judge Executive
P.O. Box 755
Mt. Vernon, Kentucky 40456
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Questions relating to county jail operations were raised by you as follows:
1. What is the minimum age qualification for a deputy jailer and/or jail cook?
2. Can the same person work 40 hours per week as deputy jailer and then also work 16 hours on the weekends as the part-time jail cook?
3. Under the "new jail system", what are the fiscal court's powers and responsibilities regarding the jail (besides the budget process), and what liabilities, if any, does the fiscal court have with regard to jail employee's actions?
KRS 71.060 does not deal with deputy jailer qualifications. Since a deputy jailer is a peace officer under KRS 446.010(24) and 71.060, he is subject to the qualifications of nonelective peace officers given in KRS 61.300. Under KRS 61.300(1), he must be at least twenty-one (21) years of age. KRS Chapter 71 does not treat the matter of qualifications of a jail cook. However, the jailer would be exercising sound discretion in employing a jail cook who is at least 21 years of age.
As concerns question no. 2, KRS 441.005 (H.B. 440, Ch. 385, 1982 session) provides that "Jail personnel" , as used in KRS Chapter 441, means " deputy jailers, matrons, cooks and other food service personnel. . ." (Emphasis added). While the language suggests different functions, there is nothing in the statute prohibiting a person's being a deputy jailer or matron and a jail cook at the same time. However, any deputy jailer or matron who puts in more than forty (40) hours per week would be subject to overtime pay under KRS Chapter 337. See KRS 337.010 and 337.285.
In answer to question no. 3, the fiscal court is required by KRS 441.006 to provide for incarceration of prisoners arrested in the county or sentenced or held by order of the courts in the county by: (a) providing and maintaining a jail in the county; or (b) contracting with another county or a city for the incarceration and care of its prisoners. The county must provide, under KRS 441.008, a jail operating budget and pay the salaries of the jailer, deputies, and other jail operating expenses.
As to any liability for jail employees' illegal actions, the county is immune under the doctrine of sovereign immunity.