Request By:
Mr. Larry Lawson
Clark County Jailer
P.O. Box 497
Winchester, Kentucky 40391
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your letter contains questions about the jail. They read:
"Does the county judge/executive and or the fiscal court have the authority to approve or disapprove an expenditure for the jail as long as the expense is included in the jail budget and sufficient funds are available?
"I operate with a budget and have funds budgeted for uniforms. Are shoes to be considered a part of the uniform?"
The answer to question no. 1 is "no". Under 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. We are referring to expenditure of funds involved in the "jail budget" of the county budget. This is an exception to the control of county funds generally. See KRS 67.080 and 67.083. Of course, the jailer's expenditures must be statutorily authorized and are subject to the usual audits of county funds.
As relates to question no. 2, the term "jailer uniforms" means in the ordinary sense distinctive uniform wearing apparel to denote the official identity of the jailer and his deputy staff and their authority in dealing with prisoners entrusted to their care and custody. State v. Thobe, Ohio, 191 N.E.2d 182 (1961). Cf. KRS 70.036, relating to uniforms for sheriffs and deputies. Assuming that the "jail budget" of the county budget contains a budget item labelled "Jailer Uniforms", it is our opinion that the general phrase "Jailer Uniforms" is broad enough to embrace all items of dress that are reasonably required to distinguish the jailer and his staff from people who are not jailers. That could include a jacket, trousers, hat, and shoes. See KRS 441.008(1) and KRS 68.240.