Request By:
Mr. Kenny Chapman
Logan County Clerk
Russellville, Kentucky 42276
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You raise the question as to whether or not changes can be made in the number of your deputy clerks during your term of office. You mention Senate Bill 8 of the 1984 session, which was not dealt with in OAG 84-105. The bill was signed by the Governor on February 23, 1984. The act was declared to be effective upon its passage and approval by the Governor.
Prior to the enactment of S.B. 8, KRS 64.530 contained no provisions for changing the number of deputies of constitutional officers during their term. Thus the number of deputies was required to be established by the fiscal court not later than the first Monday in May of the year of the election of the local constitutional officer. See Funk v. Milliken, Ky., 317 S.W.2d 499 (1958).
However, S.B. 8 amends KRS 64.530(4) by adding this language:
"The fiscal court may, upon the written request of the officer, increase or decrease the number of permanent or temporary deputies and assistants authorized to the office at any time after the beginning of the term of the officer. The fiscal court shall fix the compensation of deputies and assistants hired during the term of the officer at the time of their employment, and their compensation may be reviewed and adjusted at the same time as that of other deputies and assistants."
Under the literal wording of the amendment of KRS 64.530, the fiscal court may, upon the written request of the local constitutional officer, increase or decrease the number of permanent or temporary deputies authorized to the office at any time after the beginning of the term of the officer.
As KRS 64.530 now is written, both the number of deputies and their salaries are subject to adjustment during the term of the constitutional officer. This is a dramatic change in the law and affords flexibility for the use of local government.
Senate Bill 8, in Section 2, amends KRS 68.290, to provide any necessary or emergency transfer of funds evolving out of the liberal policy expressed in KRS 64.530(4):
"The fiscal court may transfer money from one (1) budget fund to another to provide for emergencies or increases or decreases in county employment pursuant to KRS 64.530(4) county employment pursuant to KRS 64.530(4) The order of the fiscal court making the transfer shall show the nature of the emergency or personnel increase or decrease and the reason for making the transfer. The fiscal court shall not have any power to transfer money from any sinking fund or special fund raised for a specific purpose until the obligation or purpose for which the fund was raised has been satisfied."
OAG 84-105 is modified accordingly.