Wallace v. King

973 S.W.2d 485, 1998 Ky. App. LEXIS 59, 1998 WL 396377
CourtCourt of Appeals of Kentucky
DecidedJuly 17, 1998
DocketNo. 97-CA-0095-MR
StatusPublished
Cited by2 cases

This text of 973 S.W.2d 485 (Wallace v. King) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wallace v. King, 973 S.W.2d 485, 1998 Ky. App. LEXIS 59, 1998 WL 396377 (Ky. Ct. App. 1998).

Opinion

OPINION

COMBS, Judge.

The appellant, Steve Wallace, appeals from a judgment of the Clinton Circuit Court. He alleges that his salary as jailer had been unlawfully reduced during his term of office and claims that he is entitled to a salary of $26,600 according to the provisions of KRS 441.245(4). Finding that the Clinton Circuit Court failed to apply the plain meaning of KRS 441.245(4), we vacate and remand.

On May 27, 1993, the Clinton County Fiscal Court reduced the salary for the office of jailer from $26,600 to $15,000. Elected as the new jailer in November of 1993, Wallace began his duties on the first Monday in January, 1994. He was paid according to the $15,000 rate for January. On February 17, 1994, the Fiscal Court reinstated the appellant’s salary to $26,600. However, on October 20, 1994, the Fiscal Court again reduced the appellant’s salary — this time to $12,000— when Clinton County discontinued operation of the jail. Wallace filed his complaint on May 25,1995, alleging that he was entitled to the original salary of $26,600. On September 12,1996, the Clinton Circuit Court ruled that he was entitled to a salary of $15,000. The Court denied the appellees’ motion to dismiss and continued the matter for additional proceedings to determine the difference in compensation that Wallace was entitled to receive. The parties stipulated the amount owed to Wallace, and the Clinton Circuit [486]*486Court decreed the Order of September 12, 1996, to be a final and appealable judgment as of December 12, 1996. This appeal followed.

Alleging that he is entitled to a salary of $26,600, Wallace relies on KRS 64.630(4), which requires a fiscal court to fix the salary of an elected official no later than the first Monday in May in the year in which the officer is elected. KRS 64.730 holds that if a fiscal court fails to act according to this time-frame, the compensation of the officer must be the same as it had been for the- preceding term. The appellant was elected in November, 1993; the Clinton Fiscal Court acted on May 27, 1993, to reduce his salary from $26,600 to $15,000 — well past the “first Monday in May.” Appellant alleges, therefore, that according to the plain meaning of KRS 64.530(4), he is entitled to $26,600, the salary of the jailer serving in the preceding term.

Appellant’s reliance on KRS Chapter 64 is misplaced since that chapter does not pertain to the office of jailer. KRS 64.530(1) specifically excepts the office of jailer as follows:

(1) Except as provided in subsections (5) and (6) of this section, 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. The fiscal court may provide a salary for the county attorney. (Emphasis added.)

KRS 64.530 does not apply to the setting of a jailer’s salary. We are persuaded by the well-reasoned summary and analysis contained in the opinion of the Attorney General on this issue:

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.

OAG. 93-42. Therefore, subsection 1, the more recent amendment, when read in conjunction with subsection 4, provides relief for appellant.

Of more significance to this case is KRS Chapter 441, legislation governing the administration of jails, which was adopted in 1984. KRS 441.245(4) specifically addresses the issue of the jailer’s salary and applies the rationale of KRS 64.530(4) in this context as follows:

Except as provided in subsection (5) of this section, the jailer’s compensation for 1983 and subsequent years shall equal the prior year’s compensation and may be adjusted by the fiscal court for the change in the prior year’s consumer price index.

The plain meaning of this statute mandates that the jailer’s salary remain the same from year to year — allowing an adjustment solely to accommodate the change in the consumer price index:

[wjhen the words of the statute are clear and unambiguous and express the legislative intent, there is no room for construction or interpretation and the statute must be given its effect as written.

McCracken County Fiscal Court v. Graves, Ky., 885 S.W.2d 307, 309 (1994) (quoting Lincoln County Fiscal Court v. Dept. of Public Advocacy, Ky., 794 S.W.2d 162, 163 (1990)). In this case, the jailer’s salary was $26,600 for the previous year; therefore, it must remain at $26,600.

The Clinton Circuit Court held that the specific and more recent provisions of KRS 441.245- take precedence over the more general and older provisions of KRS 64.530. We agree and hold that the court correctly construed KRS 441.245 as the controlling authority in lieu of KRS 64.530.

The court additionally reasoned that in determining the jailer’s salary, the fiscal court was acting in compliance with KRS 68.240, which mandates that a fiscal court adopt a budget by June 1 of each year. Included in this budget is the funding of all jail operations — one of which is the jailer’s salary. Reading this budget statute in conjunction with KRS 441.245

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Cite This Page — Counsel Stack

Bluebook (online)
973 S.W.2d 485, 1998 Ky. App. LEXIS 59, 1998 WL 396377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-king-kyctapp-1998.