Request By:
N. Scott Lilly
Assistant County Attorney
621 West Main Street
Lousville, Kentucky 40202
Opinion
Opinion By: Steven L. Beshear, Attorney General; Martin Glazer, Assistant Attorney General
You seek an opinion as to whether and in what manner members of the Jefferson County Police Department are to be paid.
KRS 78.410 provides that the county judge/executive with the approval of the fiscal court shall appoint four persons to the county police force merit board of the county "who shall serve without compensation" (subsection 1). The county judge/executive shall also serve ex officio. The four members cannot hold other public office during their term and only two can be from the same political party.
Under subsection 3, the patrolman members are elected by the members of the county police department for two-year terms, to serve only in deciding disciplinary cases.
Thus, when the board is sitting in non-disciplinary matters, five members constitute the board and in disciplinary matters, seven members (including two patrolmen) constitute the board.
Since the statute is silent under subsection 3, there is no provision for additional pay for the patrolman members.
But, since the statute is silent as to any deduction from regular pay, the patrolman members receive their regular salary as patrolmen. It is significant that the General Assembly did not state that the patrolman members shall receive no pay similar to the language for the four appointed members.
As we view the statute, the two partrolman members are in the same position as the county judge/executive as far as compensation. They and he receive their regular salary for their primary position, patrolmen and county judge/executive.
Thus, if the patrolmen perform their board duties during normal working hours, they receive their regular patrolmen salaries. They do not receive overtime pay or off-duty pay for sitting on the board. Example: A works as a police officer Monday through Friday from 8 a.m. to 4 p.m. -- 40 hours. (1) A sits on Saturday as panel member -- no additional compensation. (2) A sits Wednesday from 3 p.m. to 6 p.m. A gets regular police salary for period 3 p.m. to 4 p.m. and no additional salary for period 4 p.m. to 6 p.m.
Apparently, it was the intention of the General Assembly that board members, however chosen (ex officio, appointive, or elective), should not be compensated for board membership duties.