Did a Kentucky fiscal court have to set the jailer's salary by the first Monday in May?

Plain-English summary

In 1993, Kentucky's Attorney General concluded that a fiscal court did not have to set a jailer's salary by the first Monday in May under KRS 64.530. One subsection expressly excluded the jailer; another broadly set that deadline for elected county officers. The AG gave effect to the express, more recent jailer exception. It therefore concluded that KRS 64.730, which addressed failure to set compensation on time, did not apply to the jailer's salary either.

The first sentence of the official HTML says "KRS 74.730," while the opinion's quotation, analysis, and conclusion address KRS 64.730. This page retains the source's opening wording in the original text below.

Currency note

This opinion was issued in 1993. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Fiscal courts

The AG read KRS 64.530(1)'s specific exclusion of jailers as prevailing over subsection (4)'s general rule for elected county officers. It said the 1982 amendment adding "and jailer" to subsection (1) came after the subsection (4) wording, which had existed since 1974.

County jailers

The opinion's conclusion was limited to whether the cited May salary-setting deadline and its carryover consequence governed the jailer's compensation. It did not set a salary amount.

Common questions

Did the May deadline apply to a jailer's salary under this opinion?

No. The AG said the jailer exception in KRS 64.530(1) controlled over the broader elected-officer language in subsection (4).

If the fiscal court missed that deadline, did the previous jailer's salary automatically continue under KRS 64.730?

The AG said no. Because KRS 64.530 did not apply to setting the jailer's salary, the linked KRS 64.730 consequence did not apply either.

Why did the AG favor the jailer exception?

The opinion gave two reasons: the exception was added by a later amendment, and its specific reference to jailers prevailed over the general elected-officer wording.

Background and statutory framework

Taylor County Judge/Executive Fred Waddle asked about a jailer's pay. The AG compared subsections (1) and (4) of KRS 64.530 and read the later, specific jailer exception as controlling. It cited Haven Point Enterprises, Troxell, and Rainey for the interpretive steps. The opinion's first sentence contains a conflicting section number; the statute it quotes and its final conclusion identify KRS 64.730.

Citations and references

• KRS 64.530: salary-setting provision with the jailer exception.
• KRS 64.730: carryover consequence discussed and found inapplicable.
• KRS 64.480 to 64.740: statutory range quoted in the opinion.
• Haven Point Enterprises, Inc., v. United Kentucky Bank, Inc., Ky., 690 S.W.2d 393 (1985): legislative-awareness principle cited by the AG.
• Troxell v. Trammell, Ky., 730 S.W.2d 525 (1987): later-amendment priority cited by the AG.
• Rainey v. Mills, Ky.App., 733 S.W.2d 756 (1987): specific-over-general rule cited by the AG.

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG93-042.htm

Original opinion text

OAG 93-42

May 14, 1993

Fred Waddle

Taylor County Judge/Executive

Taylor County Courthouse, Suite 4

203 Court Street

Campbellsville, Kentucky 42718

Dear Mr. Waddle:

You have asked whether KRS 74.730 applies to the setting of a jailer's salary by the fiscal court. The statute in question reads:

Where any public body is required by KRS 64.480 to 64.740 to fix the compensation of an officer, and of his deputies and assistants, for terms commencing after June 30, 1950, not later than the first Monday in May in the year in which such officers are elected, and the body fails to do so, the compensation of the officer, and of his deputies and assistants, shall be the same as for the preceding term.

Since this statute merely sets forth the consequences of the failure of a public body to comply with KRS 64.480 to 64.740, your question may be rephrased as follows: Does KRS 64.480 to 64.740 require the fiscal court to set a jailer's salary not later than the first Monday in May?

The only statute in the range of KRS 64.480 to 64.740 that could possibly affect this question is KRS 64.530. On its face that statute is not altogether clear regarding its applicability to jailers. Subsection 1 says that “the fiscal court of each county shall fix the compensation of every county officer and employee except the officers named in KRS 64.535 and the county attorney and jailer.” That statement appears to remove the jailer entirely from the operation of the statute. But subsection 4 says,

In the case of county officers elected by popular vote . . . the monthly compensation of the officer and of his deputies and assistants shall be fixed by the fiscal court . . . not later than the first Monday in May . . . .

We must therefore determine which subsection prevails — subsection 1, which explicitly excludes jailers, or subsection 4, which applies to elected county officers.

KRS 64.530 was amended by chapter 385, section 22, of the 1982 Acts of the General Assembly. In that amendment the words “and jailer” were added to subsection 1. The wording of subsection 4 that we have quoted above has existed unchanged since 1974. Acts 1974, c. 60, �2. Thus the legislature is presumed to have been aware of the provisions of subsection 4 when it added the exemption for jailers in subsection 1. Haven Point Enterprises, Inc., v. United Kentucky Bank, Inc., Ky., 690 S.W.2d 393 (1985). In light of this fact the only reasonable way to reconcile the two sections is to give priority to the more recent amendment. Troxell v. Trammell, Ky., 730 S.W.2d 525 (1987).

In addition, we note that the specific reference in subsection 1 should be given precedence over the general language in subsection 4. Rainey v. Mills, Ky.App., 733 S.W.2d 756 (1987).

We therefore conclude that KRS 64.530 does not apply to the setting of a jailer's salary by the fiscal court, and consequently KRS 64.730 does not apply either.

Sincerely,

Chris Gorman

Attorney General

Ross T. Carter

Assistant Attorney General