Could a Kentucky county use 911 phone-fee revenue to pay dispatchers needed for overnight and weekend coverage?

Plain-English summary

In 1996, Kentucky's Attorney General concluded that Bracken County could use revenue collected for 911 emergency telephone service to pay the dispatchers needed for continuous coverage. KRS 65.750 defined the service as a way for callers to reach emergency agencies around the clock. The AG reasoned that the people receiving and directing those calls were part of operating the telephone service, rather than an expense outside its statutory purpose.

The request described one full-time dispatcher funded by a county ordinance and asked about staff for the remaining hours. The AG answered yes under the state funding statute, but said the ordinance would need amendment if it restricted that revenue to paying only the one position.

Currency note

This opinion was issued in 1996. 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

County officials and 911 administrators

KRS 65.760(3) limited dedicated 911 tax or fee revenue to 911 emergency service. The AG read that purpose together with KRS 65.750's requirement for 24-hour telephone access and transmission of emergency requests. Dispatch personnel needed to receive and refer those calls fell within the purpose. The opinion did not treat all county dispatch activity as automatically payable from the dedicated fund.

County ordinance

The proposed funding was consistent with the state statute, but a local ordinance could be narrower. If Bracken County's ordinance in fact allowed payment for only one full-time dispatcher, the AG said the county had to amend it before funding additional 911 staff from that revenue.

Common questions

Could the 911 fee pay dispatch staff beyond one full-time employee?

Yes, when those staff were needed to provide the 24-hour 911 telephone service described by the statute.

Why were dispatcher wages part of the telephone service?

The AG said the service could not receive calls and transmit requests to the appropriate agencies without personnel to do that work.

Did the county need to change its ordinance?

Only if the existing ordinance restricted 911 revenue to one full-time position. The opinion made that a condition of the local funding plan.

Background and statutory framework

The county attorney asked whether fees added to phone bills could fund personnel for 911 service beyond the hours covered by one full-time dispatcher. The AG quoted KRS 65.760(3)'s sole-purpose rule and KRS 65.750's definition of 911 emergency telephone service. It concluded that around-the-clock call receiving and dispatch required staffing and fell within the authorized purpose.

Citations and references

• KRS 65.750: defined 911 emergency telephone service as 24-hour access and transmission of emergency requests.
• KRS 65.760(3): limited revenue raised for 911 service to that purpose.

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG96-033.htm

Original opinion text

OAG 96-33

August 26, 1996

Subject: Whether Cost of Dispatch Personnel Necessary for Twenty-Four Hour Operation of 911 Emergency Telephone Service May be Paid from Funds Collected to Establish And Operate a 911 Emergency Telephone Service.

Written by: Gerard R. Gerhard

Requested by: Hon. Edward J. Rudd, Bracken County Attorney

Syllabus: The cost of dispatch personnel necessary to maintain 911 emergency telephone service on a twenty-four hour basis may be lawfully paid from funds collected to establish and operate a 911 emergency telephone service.

OAGs cited: None.

Statutes Construed: KRS 65.750; 65.760; 65.760(3)

Opinion of the Attorney General

The following question has been presented:

Where a county wide dispatch phone service is established by ordinance and provides for payment of one full-time (40 hours per week) dispatcher, may the personnel required to operate a 911 emergency service for the remaining time (128 hours per week) be paid out of funds derived from the 911 “fees” which may be added to the phone bills?

Answer in Brief

In our view the answer is yes, although the ordinance mentioned would have to be amended if it restricts the use of funds collected for 911 purposes to payment for one full-time position. Discussion follows.

Discussion

The use of funds collected pursuant to KRS 65.760 to establish and operate a 911 emergency telephone service is specifically restricted by KRS 65.760(3), which provides in part pertinent here:

All revenues from a tax or fee expressly levied to fund 911 emergency services shall be expended solely for this purpose.

We believe “911 emergency services,” as quoted above from KRS 65.760(3), means, in the context of its use, “911 emergency telephone services,” as such service is the subject of KRS 65.750 to 65.760. “911 Emergency Telephone Service” is defined in KRS 65.750 in the following terms:

As used in KRS 65.755 and 65.760, `911 Emergency Telephone Service' means a telephone service which provides the user of the public telephone system the ability to reach local emergency service agencies on a twenty-four hour basis, by dialing the digits 9-1-1. Such a service is capable, at a minimum, of transmitting requests for law enforcement, firefighting, and emergency medical and ambulance services to a public safety agency or other provider that provides the requested service where the call originates.

(Emphasis added.)

It is obvious from a reading of the provision quoted above that “911 emergency telephone service” includes the personnel necessary to receive a call to 911, and to refer (or, stated another way, dispatch) the call to a responding agency. Without dispatch personnel, the 911 emergency telephone service could not transmit calls to appropriate agencies as called for in the provision cited (KRS 65.750).

The 911 emergency telephone service, as the above quoted provision directs, is to be provided on a twenty-four hour basis. It follows that dispatch personnel necessary to provide 911 telephone service on a twenty-four hour basis may be properly funded from funds collected to provide such service in accordance with KRS 65.760. More than one full-time position clearly is necessary in order for statutorily directed service to be provided.

The request for this opinion indicated that “a county wide dispatch service is established by ordinance and provides for payment of one full time (40 yours per week) dispatcher.” If that ordinance restricts use of funds collected pursuant to 65.760, to payment for one full-time dispatcher, the ordinance would need to be amended.

A. B. Chandler III

Attorney General

Gerard R. Gerhard

Assistant Attorney General