Request By:
Mr. M. C. Miller
Legislative Chairman
Associated Professional Firefighters
of Kentucky
239 Southland Drive
Lexington, Kentucky 40503
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Reid C. James, Assistant Attorney General
This is in response to your request for an opinion of this office regarding the working hours of firemen in third and fourth class cities. Specifically you have asked,
1) Whether a firefighter in a third or fourth class city must be given twenty-four (24) hours off duty in each period of forty-eight (48) hours, and
2) Whether such cities may grant an additional twenty-four (24) hours off duty to a firefighter in each fourteen (14) day period?
The statutory provisions applicable to your questions are KRS 95.505 and KRS 95.715, pertaining to third and fourth class cities respectively. The former provides,
In cities of the third class, the city legislative body may by ordinance provide that members of the fire department shall receive a period of twenty-four consecutive hours off duty in each period of fourteen days, in addition to receiving twenty-four hours off duty in each period of forty-eight hours except in cases of extraordinary emergency. (Emphasis added).
KRS 95.715 similarly provides,
In cities of the fourth class, the city legislative body may by ordinance provide that members of the fire department shall receive a period of twenty-four consecutive hours off duty in each period of fourteen days, in addition to receiving twenty-four hours off duty in each period of forty-eight hours, except in cases of extraordinary emergency. (Emphasis added).
Both statutes became effective in 1946, and have remained unchanged since that date.
While no cases in Kentucky have construed either of these statutes, it is our opinion that the words "in addition to" appearing in both provisions mandate that a firefighter in a third or fourth class city be given twenty-four hours off duty in each period of forty-eight hours. See OAG 64-851. (Copy enclosed). The only exception would be in cases of extraordinary emergency.
Regarding your second question, we are of the opinion that the legislature's use of the word "may" left to the discretion of the individual city the authority to provide its firefighters with an additional twenty-four hour period off duty during each period of fourteen days. See KRS 446.010(20). Should the city chose to enact such an ordinance, its provisions would be mandatory.
You have previously indicated that OAG 74-186 and OAG 74-375 would conflict with our present opinion were we to interpret the statutes as we have. A review of those opinions however, indicates that they were based upon an incomplete reading of KRS 95.505. To the extent that these previous opinions are in conflict with this writing they are withdrawn.