Request By:
Honorable J. Elmer Sims, Mayor
City of Harrodsburg
Harrodsburg, Kentucky 40330
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of February 14 in which you request an opinion concerning the following:
"Harrodsburg, Kentucky is a 4th class City operating under the Commission form of government consisting of a Mayor and 4 Commissioners, my questions are:
"1. The maximum salary which can be paid the Mayor.
"2. The maximum salaries which can be paid the Commissioners.
"3. Whether an expense account system can be set up for the Mayor and/or Commissioners and if so the proper method for handling same.
"4. The time frame when ordinances relative to the above must be passed prior to our up coming elections."
In response to Questions 1, 2 and 4 concerning the maximum compensation that can be paid the mayor and city commissioners and the time frame in which such compensation must be fixed by ordinance, we refer you to KRS 89.110 (3), which reads as follows:
"(3) In cities of the fourth class the mayor, police judge and commissioners shall each receive an annual salary, for their first term under the commission form of government, in the amount fixed in the question submitted to the voters as provided in KRS 89.030 (4). Thereafter, at least sixty (60) days before the day for holding the primary election provided for by KRS 89.060, the board of commissioners shall, by ordinance, fix the salary of the mayor, police judge and commissioners to be elected at the next regular election. The salaries so fixed for each office shall not be less than the salaries then being paid for that office; the salary of the mayor shall not exceed $4,000 per annum, and the salary of the police judge and each commissioner shall not exceed $3,000 per annum. If the board of commissioners fails to fix the salaries as provided in this section, the salary of each newly elected officer shall be the same as that of his predecessor. "
You will note from the above quoted statute that the compensation for the mayor shall not exceed $4,000 per annum and that of each commissioner $3,000 per annum. The indicated maximum for both offices was fixed by a 1974 amendment. Any change in the present compensation for the new terms beginning in January, 1978 must be made pursuant to ordinance at least sixty (60) days before the coming special city primary to be held on May 24 of this year. The 60-day deadline for changing the compensation for the ensuing terms would be not later than March 25.
If the change is not made by the time prescribed in the statute, the compensation for each newly elected mayor and commissioner shall be the same as that of his predecessor.
In response to your third question, reference is made to KRS 64.710 which reads as follows:
"No public officer or employe shall receive or be allowed or paid any lump sum expense allowance, or contingent fund for personal or official expenses, except where such allowance or fund either is expressly provided for by statute or is specifically appropriated by the general assembly."
The above statute would prohibit any expense account from being established for the mayor or the commissioners since no specific exception has been enacted by the state legislature. We also refer you to the case of