Request By:
Mr. James Secrest
Allen County Attorney
210 West Main Street
P.O. Box 35
Scottsville, Kentucky 42164
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You ask whether the fiscal court can appropriate funds from the county's general fund or revenue sharing for the purpose of paying the salary of the deputy jailer, the jailer's fees being insufficient to fund it. The answer is "yes".
If the county jailer requests such funding in writing from fiscal court, the fiscal court may now enter an order authorizing the payment of the deputy jailer's salary out of the county treasury. See KRS 64.530(4) and Commonwealth v. Hesch, Ky., 395 S.W.2d 362 (1965). This is subject to proper budgeting procedure as provided in KRS Chapter 68. It can be paid out of any county funds available for this purpose.
Your second question is: "Would the 14 mileage for service of process provided for in KRS 24A.170 supersede the 10 per mile provided for in KRS 64.095."
The answer is "yes" as relates to civil cases. KRS 24A.170 pertains to only civil cases. That statute impliedly amends KRS 64.095 as to civil cases only, since such legislative intent is clear. Fiscal Court of Jefferson Co. v. City of Anchorage, Ky., 393 S.W.2d 608 (1965).