BY GREGORY A. HALL
The Cincinnati Enquirer
and The Associated Press
FRANKFORT, Ky. -- Attorney General Ben Chandler will join a Campbell Countian's challenge of a 1998 law giving raises to many county government officials.
Joseph Fischer, a Fort Thomas lawyer and legislative candidate, filed the lawsuit in Campbell Circuit Court seeking to have the law declared unconstitutional. He says the duties of county jobs do not extend statewide, and therefore cannot have salaries above the constitutional maximum of $48,726.
Under the law, the salaries, which take effect in January, will range from $49,567 for officials in Robertson County
to $82,612 for officials in Jefferson County -- the state's smallest and largest counties, respectively.
The attack by Mr. Chandler is unusual because the attorney general is legally charged with defending statutes that are under constitutional attack. But Mr. Chandler said Tuesday the bill is so clearly wrong he feels compelled to join the other side.
"We believe the constitution is more important than the statute," Mr. Chandler said.
Mr. Fischer said the support from Mr. Chandler was unsolicited, but should help his case.
"I'm very pleased that the attorney general agrees with my theory," Mr. Fischer said. ". . . It should certainly bolster my position that the constitution prohibits local officials from receiving salaries that are commensurate with state officials unless county officials are given statewide jurisdiction." The bill, passed in the waning days of the legislative session and given little public attention at the time, mandates that county officials -- sheriffs, judge-executives, clerks and jailers -- get a pay raise.
The salaries would be pegged to the size of a county and the experience of the officeholder.
Supporters say the raises were designed to keep and attract qualified people for public service jobs that are under-compensated when compared with the private sector.
Once the raises were publicized, Northern Kentucky voters -- upset over what they saw as excessive raises phased in too quickly -- were quick to express their anger to county officials, many of whom are up for re-election this year.
That led Mr. Fischer, a Republican running against Democrat James Daley for the 68th District House seat, to file his lawsuit. Also largely in response to that anger, fiscal courts in Boone, Kenton and Campbell Counties recently agreed to freeze what salaries they could. As Kentucky's third-largest county, Kenton County would see some of the largest increases.
Many of the state's smallest counties have opposed the raises, claiming they will strap already strained local budgets.
Mr. Fischer previously won a lawsuit challenging a legislative redistricting plan.
Although the raises don't take effect until January, county budgets that will cover the increases take effect July 1. That deadline could be met if Campbell Circuit Judge William Wehr issues an injunction stopping the change until the courts decide the issue, Mr. Fischer said.
"That's certainly an issue that needs to be resolved very soon," he said.
A hearing is scheduled for June 19.
