About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1972-1976 Kentucky Attorney General Reports and Opinions 2-1062 (1972-1976)

handle is hein.sag/sagky0036 and id is 1 raw text is: ATTORNEY GENERAL OAG 74-439 CONSTRUCTION OF STATUTES - Retroactive, when statutes construed as FEES AND COMPENSATION - County officers and employes SYLLABUS: 1. Where deputies' compensation is properly increased under KRS 64.530(5), it may be made retroactive for that year in which the increase is ef- fective. 2. Where the increase request is untimely, no in- crease in deputy salary is permissible for that particu- lar year. The Consumer Price Index salary adjustment, provided in S.B 236 [19741, applies only to certain elected officials mentioned t erein, but not to deputies of such officials. To: James M. Hedges, Union County Sheriff, P. 0. Box 30, Morgan- field, Ky. By: Charles W. Runyan, Asst. Atty. Genl., June 17, 1974 Your questions are as follows: Prior to the first Monday in May of 1973 I appeared before the Fiscal Court and asked that the salaries of my deputies be set at $600.00 per month for the calendar year 1974. This was done. Prior to the first Monday in May of 1974 I submitted a request in writing to the Fiscal Court requesting that the salaries of my deputies be raised from $600.00 per month to $700.00 per month for the calendar year 1974, retroactive to January 1, 1974. The Fiscal Court granted this request. 'My question is whether or not this is permissible. If the elected county official neglected to make a timely request of the fiscal court, may the rubber dollar theory be applied to increase the compensation, retroactively, for deputies and assistants of elected county officials, providing the fiscal court so orders. KRS 64.530(5) reads: (5) In the case of county officers elected by popular vote, the annual 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 in the year in which the officers are elected, and the compensation of the officer shall not be changed during the term but the compensation of his deputies or assistants may be reviewed and adjusted by th fiscal court not later than the first Monday in May of any successive year upon the written request of the officer. On or before August 1, 1966 the fiscal court shall fix the salary provided herein for the county attorneys for the term coinencing in January, 1966, notwithstand ing any other provisions of this section which may be inconsistent herewith. July 1974 Adv. Sheta 0AG 74-439 2-1002

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most