(1) Except as provided in subsections (5) and (6) of this section, the fiscal court of each county shall fix the reasonable 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.
(2) For the purposes of this section, justices of the peace and constables in all counties shall be deemed to be county officers and deputies or assistants of county officers shall be deemed to be county employees, but employees of county boards or commissions which are now authorized by law to fix the compensation of their employees shall not be deemed to be county employees for the purposes of this section.
(3) In the case of officers compensated from fees, or partly from fees and partly by salary, the fiscal court shall fix the reasonable maximum compensation that any officer except the officers named in KRS § 64.535 may receive from both sources. The fiscal court may also fix the reasonable maximum amount that the officer may expend each year for expenses of his office. The fiscal court shall fix annually the reasonable maximum amount, including fringe benefits, which the officer may expend for deputies and assistants, and allow the officer to determine the number to be hired and the individual compensation of each deputy and assistant. Any revenue received by a county clerk in any calendar year shall be used exclusively for the statutory duties of the county clerk and budgeted accordingly. At the conclusion of each calendar year, any excess fees remaining shall be paid to the fiscal court pursuant to KRS § 64.152.
(4) In the case of county officers elected by popular vote and the county attorney, in the event the fiscal court provides him a salary, the monthly compensation of the officer and of his deputies and assistants shall be fixed by the fiscal court, consistent with the provisions of subsection (3) of this section, 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 the 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 commencing in January, 1966, notwithstanding any other provisions of this section which may be inconsistent herewith.
(5) Nothing in this section shall apply to property valuation administrators or their deputies, assistants, and expenses, in any county, or to the circuit court clerk, county clerk, sheriff, jailer, and their deputies, assistants, and expenses, in counties having a population of seventy thousand (70,000) or more. If a county’s population that equaled or exceeded seventy thousand (70,000) is less than seventy thousand (70,000) after the most recent federal decennial census, then the provisions of KRS
64.368 shall apply.
(6) Justices of the peace serving on a fiscal court in any county, and county
commissioners serving on a fiscal court in any county shall be paid for their services, out of the county treasury, not to exceed the maximum compensation allowable under KRS § 64.527. The fiscal court shall fix the amount to be received within the above limit, but no change of compensation shall be effective as to any member of a fiscal court during his term of office. All of said annual salaries shall be payable monthly. Justices of the peace and county commissioners shall not receive any compensation for their services on the fiscal court, other than as provided by this section; provided, however, justices of the peace and county commissioners may receive no more than three thousand six hundred dollars ($3,600) annually or three hundred dollars ($300) per month as an expense allowance for serving on committees of the fiscal court. The fiscal court shall fix the amount to be received within the above limit, but no change of compensation except as provided in KRS § 64.285 shall be effective as to any member of a fiscal court during his term of office.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 29, effective January 1, 2015. — Amended 2010 Ky. Acts ch. 175, sec. 1, effective July 15, 2010. — Amended 2006
Ky. Acts ch. 255, sec. 8, effective January 1, 2007. — Amended 2002 Ky. Acts ch.
71, sec. 5, effective July 15, 2002. — Amended 1992 Ky. Acts ch. 220, sec. 8, effective January 1, 1994. — Amended 1988 Ky. Acts ch. 249, sec. 7, effective July
15, 1988. — Amended 1984 Ky. Acts ch. 22, sec. 1, effective February 23, 1984. — Amended 1982 Ky. Acts ch. 384, sec. 3, effective July 15, 1982; and ch. 385, sec.
22, effective July 1, 1982. — Amended 1978 Ky. Acts ch. 196, sec. 1, effective June
17, 1978; and ch. 384, sec. 131, effective June 17, 1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 17, sec. 20, effective January 1, 1978; and ch. 14, sec. 40, effective January 2, 1978. — Amended 1976 Ky. Acts ch. 306, sec. 1. — Amended
1974 Ky. Acts ch. 60, sec. 2; and ch. 254, sec. 4. — Amended 1972 Ky. Acts ch. 30, sec. 1; ch. 203, sec. 5; and ch. 358, sec. 1. — Amended 1970 Ky. Acts ch. 203, sec. 1.
— Amended 1968 Ky. Acts ch. 152, sec. 33. — Amended 1966 Ky. Acts ch. 15, sec.
2; and ch. 255, sec. 75. — Amended 1964 Ky. Acts ch. 109, sec. 3. — Amended 1962
Ky. Acts ch. 214, sec. 1. — Amended 1958 Ky. Acts ch. 126, sec. 2. — Amended
1956 Ky. Acts ch. 144, sec. 1. — Created 1950 Ky. Acts ch. 123, sec. 9.