Grossl v. Scott Cnty. Fiscal Court

566 S.W.3d 221
Court of Appeals of Kentucky·Decided August 17, 2018·No. NO. 2016-CA-001762-MR·Published·Cited by 1 cases

Opinion

ACREE, JUDGE:

The Appellants appeal the Scott Circuit Court's order dismissing their complaint against the Scott County Fiscal Court with prejudice. Finding no error, we affirm.

Appellants are Scott County deputy jailers. During the 2011-2013 fiscal years, the Scott County Jailer awarded promotions and pay increases to Appellants. The Jailer submitted the necessary forms for processing the pay raises to the Fiscal Court for approval; however, the Fiscal Court denied the requests.

Appellants filed a complaint alleging a violation of the Kentucky Wage and Hour Act, KRS1 337.010 et seq. , seeking wages owed to them in accordance with the pay increases promised by the Scott County Jailer. In lieu of an answer, the Fiscal Court responded with a motion to dismiss on the grounds that Appellants' complaint failed to state a claim under the Wage and Hour Act because the law provides "wages" as being only that compensation agreed upon by the employer and employee; the Scott County Fiscal Court never agreed to ever pay Appellants the wages they now seek.

Appellants responded to the motion by arguing the Jailer was authorized to grant the pay increases by KRS 441.225, so long as the amounts remained within the budget line item previously approved by the Fiscal Court and, therefore, the Fiscal Court was bound to honor the Jailer's promises. They further alleged KRS 337.385 grants them a cause of action against the Fiscal Court to recover their promised, but unpaid wages.

The Scott Circuit Court agreed with the Fiscal Court that Appellants' allegations failed as a matter of law to state a claim under the Wage and Hour Act. The court dismissed Appellants' complaint with prejudice, and this appeal followed.

"Since a motion to dismiss for failure to state a claim upon which relief may be granted is a pure question of law, a reviewing court owes no deference to a trial court's determination; instead, an appellate court reviews the issue de novo. " Fox v. Grayson , 317 S.W.3d 1, 7 (Ky. 2010) (citing Morgan v. Bird , 289 S.W.3d 222, 226 (Ky. App. 2009) ). Additionally, "[i]t is well settled in this jurisdiction when considering a motion to dismiss under [ Kentucky Rules of Civil Procedure (CR) 12.02 ] that the pleadings should be liberally construed in a light most favorable to the plaintiff and all allegations taken in the complaint to be true." Mims v. Western-Southern Agency, Inc. , 226 S.W.3d 833, 835 (Ky. App. 2007) (citing Gall v. Scroggy , 725 S.W.2d 867, 869 (Ky. App. 1987) ). "A motion to dismiss for failure to state a claim does not test the merits of the action but is confined solely to the sufficiency of the pleading." White v. Brock , 487 S.W.2d 908, 909 (Ky. 1972).

*223Appellants alleged in their complaint that KRS 441.225 authorizes the Jailer to promote and increase the pay of the deputy jailers within the budgetary limits previously set by the Fiscal Court. Therefore, so goes the logic, the Fiscal Court is bound to pay Appellants their increased wages. Also, they assert KRS 64.530(3) and (4) further support their position. We disagree.

KRS 441.225 provides;

(1) Except for capital improvements, utilities and building insurance and except as provided in subsection (2) of this section, the jailer shall have authority to authorize expenditures from the jail budget. Such expenditures shall only be made in accordance with the line item jail budget duly adopted or amended by the fiscal court and the established county procurement code or purchase order procedure of the county. Payment for purchases for the jail shall be subject to fiscal court approval prior to payment. The fiscal court shall not withhold approval of payment for jail expenditures which are within the jail budget and not unlawful.
(2) The jailer shall submit, in accordance with county payroll procedures, time reports for all full-time and part-time jail personnel and employees to the county treasurer or other designated payroll official. The county treasurer shall review and pay such claims in accordance with policies and procedures for the payment of other county employees.

KRS 441.225.

It is the Court's duty to ascertain and give effect to the intent of the Legislature when engaging in statutory interpretation. Hale v. Combs , 30 S.W.3d 146, 151 (Ky. 2000). Thus, we "may not interpret a statute at variance with its stated language." Commonwealth v. Allen , 980 S.W.2d 278, 280 (Ky. 1998) (citations omitted). "[A]ll statutes should be interpreted to give them meaning, with each section construed to be in accord with the statute as a whole." Commonwealth, Transportation Cabinet v. Tarter , 802 S.W.2d 944, 946 (Ky. App. 1990).

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Grossl v. Scott Cnty. Fiscal Court, 566 S.W.3d 221 (Ky. Ct. App. 2018).

566 S.W.3d 221 (Grossl v. Scott Cnty. Fiscal Court) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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