Request By:
Mr. Jerry Parsons
Estill County Jailer
103 Court Street
Irvine, Kentucky 40336
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Under the express language of KRS 441.008(2), the county treasurer is required to disburse jail operating funds at the direction of the jailer, provided the expenditures are within authorized budget categories. The county treasurer is required to keep books of accounts of all receipts and disbursements and make such reports as are required by the state local finance officer.
As we pointed out in OAG 82-424, under the express language of KRS 441.008 the county treasurer is required to disburse jail operating funds at the direction of the jailer, provided the expenditures are within authorized budget categories. There is no statutory provision requiring the fiscal court to approve the jailer's expenditures before or after payment. Under this statute, where the jailer's expenditures are within authorized budget categories, the county treasurer must prepare the checks, sign them and see to it that the payees receive the checks.
Thus KRS 68.020(1), which requires the county treasurer to disburse county funds as authorized by fiscal court, and to co-sign county checks with the county judge executive, does not apply. If there is any overspending of jail funds, the fiscal court is not responsible, since it has no supervisory or approval role.
You have written that the Estill County Fiscal Court ignored the budget your office prepared and presented to them. You say the fiscal court gave you a budget which was approximately $10,000 less in operational expenses than you asked for. You argued that the budgeted amount would be insufficient to operate the jail.
Your question is: What can be done when you run out of money?
First, under KRS 441.009, your salary as jailer must meet the minimal standard set forth in that statute.
Next, the fiscal court is directly responsible, under KRS 441.006, for providing a jail to house county prisoners or contract for such housing.
KRS 441.008(1) requires the fiscal court, in consultation with the jailer, to adopt an operating budget for the jail, which shall provide for the expenditure of all state (see KRS 441.007), county and other funds for jail operations.
By January 1, 1983, (KRS 441.011), the fiscal court jail budget must meet the minimal jailer's salary and meet operational costs in terms of standards adopted by the Bureau of Corrections.
Aside from the fiscal court's statutory duty of meeting the minimal jailer salary and other standards, the fiscal court is required to, in consultation with the jailer, adopt an operating budget for the jail. Where a jailer has good reason to believe (after consulting with a private attorney) that a fiscal court has acted arbitrarily in establishing the operating budget for the jail, and the jail operation has no more money for that year, he may seek redress in the circuit court. Saylor v. Metcalf, 310 Ky. 137, 220 S.W.2d 99 (1949) 100; and Pritchett v. Marshall, Ky., 375 S.W.2d 253 (1964). However, there is no legislative basis in KRS Chapter 68 for an amendment of the current budget, even if so ordered by the court. If arbitrary action is found, the court could order the fiscal court, considering its tax money and other revenues available, to provide an equitable jail budget, at its earliest opportunity.
Where the county has any surplus funds under the present budget, it can transfer them into the jail part of the budget under KRS 68.290.