Request By:
Mr. T. Steven Bland
Hardin County Attorney
#30 Public square
P.O. Box 834
Elizabethtown, Kentucky 42701
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The Fiscal Court of Hardin County has taken over the full authority and control of the Hardin Memorial Hospital, although it has delegated the day-to-day management of the Hospital to HCA Management Company, Inc., as of February 7, 1983. Under the contract the employees at the hospital are considered county employees.
As a matter of fact, the employees of the hospital will receive employment benefits (retirement, medical insurance, vacation benefits, etc.) which will be far superior to those received by the remainder of the county employees. Your question as to whether the fiscal court has any legal basis for providing one level of benefits to some county employees and a higher or different level of benefits to the hospital employees is treated in a separate opinion.
Your present question reads:
"In addition, our County Judge/Executive, the Honorable R. R. Thomas has requested that your opinion also include a determination as to the status of employees of the County Clerk's Office, the Sheriff's Office and the Hardin County Jail as to whether or not they are county employees and if so whether or not their benefit package must require the equivalent to all other county employees. "
First, we must address the question as to whether the employees of certain local constitutional officers are employees of the county for the purpose of the county's providing employment benefits such as health and life insurance, a retirement plan, vacation, sick leave, etc.
COUNTY CLERK'S OFFICE
The books, accounts, and papers of this office are subject to audit by the Auditor of Public Accounts (KRS 43.070) or by a certified public accountant (KRS 64.810). The cost of the audit of the state auditor is borne by the county. KRS 43.070. The cost of the audit by a C.P.A. is borne by the clerk and paid from the fees of his office. KRS 64.810.
At the end of each calendar year, the clerk, as a county fee officer, is required to turn over to the county the excess of receipts over and above the amounts allowable for the clerk's compensation, the compensation of the clerk's legally authorized deputies, and authorized official expenses.
Funk v. Milliken, Ky., 317 S.W.2d 499 (1958) 506. See KRS 64.810 and 64.820.
COUNTY SHERIFF'S OFFICE
The statements above relating to the county clerk's office apply equally here.
COUNTY JAILER'S OFFICE
The auditing of the jailer's accounts, pursuant to KRS 43.070 or 64.810, still apply to the jailer. However, the jailer is no longer a fee officer. The county jail expenses are financed through the jail budget, which is an integral part of the county budget. KRS 441.008.
COUNCLUSIONS
It is our opinion that the deputies of the offices of the county clerk, sheriff, and jailer are county employees in terms of employment benefits to be paid to them. This is based upon the above statutory analysis, which links these offices inevitably with the county treasury and county finance.
As to whether the employment benefits of county employees, who are not connected with the above three constitutional offices, must require the equivalent benefits extended to the employees with the three constitutional offices, it is our opinion that such question can only be decided by the courts. However, it is possible that the courts might hold that the hospital employees involve a distinct or different classification in terms of constitutional consideration. See §§ 2, 3 and 59, Kentucky Constitution; and