Request By:
Honorable John T. Mandt
Attorney at Law
203 W. Columbia Street
Somerset, Kentucky 42501
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of January 29 concerning the legality of increasing the salary of the mayor of the city of Somerset during his term on a cost of living basis.
You cite the case of Commonwealth v. Hesch, Ky., 395 S.W.2d 362 (1965), as authorization to increase the mayor's salary during his term, and in this respect we must disagree.
The Hesch case authorized a cost of living salary increase to certain county officers during their term; however, it was predicated on the fact that the state legislature had enacted legislation increasing the maximum compensation for such officers over and above the constitutional limitation. Unfortunately, this is not the case with respect to the office of mayor in cities of the third class as no legislation has been enacted affecting the compensation of this office.
The case of Meade Co. v. Neafus, Ky., 395 S.W.2d 573 (1965), declared that it did not say in Matthews v. Allen, Ky., 360 S.W.2d 135 (1962), that the salaries of all officers were automatically geared to the price of living index or the value of the dollar, but only when the legislature acts in this regard. Also, in the case of Sarakatsannis v. Baker, Ky., 488 S.W.2d 683 (1972), the court pointed out that the constitutional maximum of $7200 is adjustable under the rubber dollar theory but only by action of the state legislature. For your information we are enclosing a number of opinions dealing with this question generally and the mayor's salary in particular namely OAG's 73-52, 74-448, 74-831, 75-28 and 76-320.
Under the circumstances, we again must conlude that since the mayor's compensation has not been legislated upon by the General Assembly, the incumbent is not entitled to a cost of living raise during his term. Further, the maximum compensation that he can receive is $7200 that may be made effective for the next regular term provided it is fixed pursuant to KRS 64.580 which requires such compensation to be fixed not later than the first Monday in May in the year in which the officer is elected.