Request By:
Mr. Leslie Christy
Owingsville City Council
Owingsville, Kentucky 40360
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of September 8 in which you raise a question concerning the compensation of members of the city council in the city of Owingsville for the term beginning January 1, 1984. You relate that at the regular meeting in May of this year the salary of the councilmen was set at $10 per meeting which you understand was illegal. Since the meeting the council has been tied on every attempt to set the salary of the councilmen and as of this date no salary has been set. Under the circumstances you raise the following questions:
"1. If no salary is set by the September 14 filing deadline, what is the legality of any salary that may be set after that date?
2. If the vote remains deadlocked and no salary is set before the new council takes office in January, what if any salary can legally be paid the new council members?
3. If an incumbent files for re-election and the question of salary is considered after he or she has filed, can he or she legally vote on the salary issue?"
It is true that this office has taken the position that where members of the city council are to receive compensation on a per meeting basis, that such would be illegal following the repeal of KRS 82.070 in 1974 which authorized payment on this basis. Under the present law the compensation for members of the city council must be fixed on a yearly basis to be paid monthly. See KRS 83A.070. This statute further provides that once the compensation has been fixed not later than the first Monday in May of the year in which the officers are to be elected, it cannot be changed.
In answer to your specific questions, if the compensation is not fixed by the first Monday in May of the year in which the officers are elected, or if it is fixed illegally such as a per meeting basis, then the compensation fixed for the previous term becomes effective under KRS 64.730 for the present term. However, if, as indicated, not only was the salary not legally fixed at the May session of this year, but has never been fixed other than by this method, the Court of Appeals held in the case of
Wells v. Roberts, 448 S.W.2d 658 (1970) that the compensation can be fixed after the May deadline or any time during the term of the elected officials.
To answer your questions more specifically, and assuming the facts related are correct and a deadlock remains at that time can fix their own salary as required by the referred to statute and in conformance with the case cited. This would of course include any incumbent in the office who is reelected.