Request By:
Dee Maynard, Commissioner
Department of Personnel
Capitol Annex
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Martin Glazer, Assistant Attorney General
You seek an opinion as to whether jailers in counties containing populations of 75,000 or more are still to be considered in the service of the state for workers' compensation purposes in light of H.B. 440 and the previously issued opinion of this Office, OAG 72-830.
That opinion provided that sheriffs, county clerks, and jailers (as well as others) were considered state employees for workers' compensation purposes because their fees were paid into the state treasury and their compensation was then paid to them by the state. Thus, it was logical for the state to pay the expenses of employment, including workers' compensation coverage.
But, H.B. 440 has radically altered the method for paying jailers, including those in the larger counties. Now, the state will pay to the individual counties an amount equal to the earned fees of jailers in fiscal year 1980-1981 (with certain exceptions) plus $270 times the number of permanent beds in each jail.
Compensation of jailers now will be paid by the county treasurer, even in counties of 75,000 or more rather than via the state. Accordingly, H.B. 440, among other amendments, removes the jailer from KRS 64.350(1) in determining that certain county officers' salaries shall be paid out of the state treasury. (Amended by Sec 17, H.B. 440, 1982 General Assembly).
Therefore, it is apparent that the General Assembly has reversed the flow of funds as they apply to jailers. Instead of having salaries paid by the state, the state contributes funds to the counties for payment of salaries of jailers, even in larger counties.
To that extent OAG 72-830 is hereby modified to eliminate the county jailer from those officers in counties of a population of 75,000 or greater whose workers' compensation coverage is the obligation of the state. They are now the obligation of the individual counties.