Whitlock v. Rowland

453 S.W.3d 740, 2015 Ky. App. LEXIS 1, 2015 WL 124212
CourtCourt of Appeals of Kentucky
DecidedJanuary 9, 2015
DocketNO. 2013-CA-000681-MR
StatusPublished
Cited by2 cases

This text of 453 S.W.3d 740 (Whitlock v. Rowland) 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
Whitlock v. Rowland, 453 S.W.3d 740, 2015 Ky. App. LEXIS 1, 2015 WL 124212 (Ky. Ct. App. 2015).

Opinion

OPINION

NICKELL, JUDGE:

David C. Whitlock has appealed from the Jefferson Circuit Court’s rejection of his challenges to the validity of Louisville Metro Code of Ordinances (LMCO) Section 89.060, which purported to limit the rate of pay for Constables. Following a careful review, we reverse and remand to the Jefferson Circuit Court.

Whitlock was sworn in as a Jefferson County Constable2 on January 1, 2007. He was reelected in 2010 and continued to serve in that capacity until he resigned between October 6, 2010, and November 27, 2012.3 Throughout his tenure, Whit-lock allegedly performed his official duties on a daily basis and utilized his own personal vehicle in the performance of those duties. Whitlock was compensated at the rate of $100.00 per month for his services and $200.00 per month for vehicle mileage reimbursement pursuant to LMCO § 39.060.

On December 21, 2011, Whitlock filed the instant suit challenging, inter alia, his rate of pay, and seeking a declaratory judgment, permanent injunction, back pay, and other remedies. He contended LMCO § 39.060 was invalid as it was “preempted by and in conflict with state law,” more specifically, the provisions of Kentucky Revised Statutes (KRS) 64.200 — creating an annual salary of $9,600.00 for Constables in counties having more than 250,000 residents — and KRS 64.210.

Following the normal course of discovery, Whitlock moved for a partial summary judgment on the issue of the validity of LMCO § 39.060. In a lengthy and detailed order entered on January 24, 2013, the trial court rejected Whitlock’s assertions. In reaching its decision, the trial court noted the City of Louisville and Jefferson County merged into a consolidated local government on January 5, 2003, pursuant to KRS Chapter 67C. Based on the express language of KRS 67C.121, the trial court concluded the powers and duties of Jefferson County Constables were assigned to Metro Government, thereby evincing a legislative intent to transfer control of the office to the Metro Government. Further, after examining the reduction of duties and responsibilities of Constables since the formation of the consolidated government, the trial court concluded — bolstered by the language of KRS 67C.121 and the holding in Roland v. Jefferson County Fiscal Court, 599 S.W.2d 469 (Ky.App.1980)—that Metro Government had the power and authority to fix the rate of pay for its Constables. Thus, the trial court concluded LMCO § 39.060 had been validly enacted and was not preempted by, nor in conflict with, any [742]*742applicable statutes. By separate order entered on March 5, 2018, the trial court granted Whitlock’s motion to dismiss several claims asserted in his complaint based on his lack of standing, and further granted summary judgment on the remaining counts in favor of Metro Government. This appeal followed.

The sole issue to be decided in this appeal is whether LMCO § 39.060 conflicts with or is preempted by KRS 64.200. This presents a question of law which we review de novo and without deference to the trial court’s interpretation of the law. Bob Hook Chevrolet Isuzu, Inc. v. Commonwealth Trans. Cabinet, 983 S.W.2d 488, 490 (Ky.1998). We begin our analysis with a recitation of the pertinent statutes and ordinances necessary for a proper adjudication. KRS 64.200(1) specifies the standard salary for Constables as follows:

In counties containing a population of over 250,000, for the performance of the duties of his office, each constable shall be exclusively compensated by a salary of nine thousand six hundred dollars ($9,600) per annum to be paid in equal monthly installments out of the county treasury.

KRS 64.210 permits additional compensation under certain circumstances.

Fiscal courts of counties containing a city of the first class shall authorize the payment of two hundred dollars ($200) per month out of the county treasury to constables and deputy constables using their own automobile in the performance of their official duties.

It is undisputed that Jefferson County has at all pertinent times had in excess of 250,000 residents. It is also undisputed that Louisville is a city of the first class. See KRS 81.010.

In contrast to the prior statutory provisions, LMCO § 39.060 provides, in pertinent part:

(A) Each elected Jefferson County constable who desires any payment pursuant to KRS 64.210 for the use of his or her personal automobile in the performance of his or her official duties under any statute of the Commonwealth of Kentucky shall present to the Chief Financial Officer, or his or her designee (hereinafter the “CFO”) for each month in which the constable seeks payment, on forms prescribed by the CFO, all of the following:
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(3) A completed mileage reimbursement form for the month during which payment is claimed. Upon completion and certification of the mileage reimbursement form, each Constable shall be paid at the rate established in the current Metro Government policies with regard to vehicle mileage reimbursement not to exceed $200 per month.
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(B) By the tenth day of each month, each elected Jefferson County Constable shall also present to the CFO, on a form prescribed by the CFO a sworn statement itemizing the hours actually expended in the prior month in carrying out his or her official duties under any statute of the Commonwealth of Kentucky. In addition to the hours actually expended, the monthly sworn statement shall describe the official duties performed by each Constable during the prior month. Upon receipt of such sworn statement, the CFO shall pay each Constable at an hourly rate, equivalent to the hourly rate as defined in the classification and compensation system paid by Metro Government for part time employees, not to exceed $100 per [743]*743month, for official duties performed under any statute of the Commonwealth of Kentucky as described in the sworn statement. Payment for any month shall not be made until the reports required by this section have been received by the CFO. Payment shall also be conditioned on the receipt by the CFO of each of the following:

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Bluebook (online)
453 S.W.3d 740, 2015 Ky. App. LEXIS 1, 2015 WL 124212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitlock-v-rowland-kyctapp-2015.