BY ANDREA TORTORA
The Cincinnati Enquirer
NEWPORT -- Mandated pay raises up to 61 percent for county judge-executives, jailers, clerks and sheriffs are unconstitutional, a Campbell Circuit Court judge ruled Thursday.
This case was being watched by all 120 Kentucky counties because it tested a new law that requires pay raises for county employees across the state.
"I think it's a good initial victory for the taxpayers of Kentucky," Fort Thomas attorney Joseph Fischer said Friday.He challenged the validity of the raises; he also successfully challenged the state on redistricting several years ago. "The constitution has been vindicated."
The judge wrote the case is likely to go to the state's Supreme Court, which would affect the specific county officeholders statewide.
Mr. Fischer charged the state constitution sets a maximum that can be earned by county officials unless they have statewide responsibilities. He said salaries cannot exceed the constitutional maximum of $48,726.
Judge William J. Wehr agreed.
He blocked the state and county governments from enforcing the law, known as House Bill 810. If a higher court agrees with Judge Wehr, counties will have to rework their budgets to ensure that the prescribed raises are not given.
In his ruling, Judge Wehr said he expected the case to be appealed and he outlined the quickest way to get the case to the Supreme Court so the case could be finalized before the law goes into effect Jan. 1.
Kentucky Attorney General Ben Chandler supported Mr. Fischer in the suit. He said the law was so clearly wrong he was compelled to join the other side, although he is legally charged with defending statutes that are under constitutional attack.
"Our position in the matter has always been the constitution is more important than the statute and it appears the court has agreed with our position," Corey Bellamy, spokesman for the attorney general's office, said Friday. "We have taken the commonwealth's view."
The General Assembly created the law during the last week of the 1998 legislative session.
Under HB 810, some pay raises would have reached $25,000 each for Campbell County's jailer, sheriff, judge-executive and clerk. Before the case was settled, the fiscal courts in Boone, Kenton and Campbell counties agreed to freeze what salaries they could in response to angry Northern Kentucky voters.
"I'm embarrassed to say that public officials would do something like that," Campbell County Judge-executive Ken Paul said. The county joined Mr. Fischer in the suit.
"It would have meant a $25,000 raise across the board in our county and we thought that was way out of line," Mr. Paul said. "The average Kentucky family income is only $27,000."
In Kenton County, the raises would mean an estimated $133,872 additional cost in wages and benefits. County Treasurer Ivan Frye has said the county's $60 million budget could absorb the increase. Rep. Jim Callahan, D-Wilder, voted for the raises.
"I think that everyone probably feels that an increase was justified based on population," Mr. Callahan said. "That's what we were trying to address. Now we'll have to let the courts decide and let it be determined in that manner."
Mr. Fischer said his lawsuit had nothing to do with the public policy of the pay raises.
"The issue is whether or not the legislature had the power to grant the pay raises for whatever valid reasons they may have had," Mr. Fischer said. "They did not have the authority under the constitution. They would have to go to the people to get that authority."
Sen. Dick Roeding, R-Lakeside Park, said he is embarrassed that he voted for the bill. "I am glad that it was challenged," he said, adding he wasn't sure if raises might be considered in the legislature again. "Everyone is conditioned to it now. It would be scrutinized very readily. Now we know the right questions to ask."
Supporters of the legislation say it was designed to keep and attract qualified people for public-service jobs that are under-compensated, when compared with the private sector.
Kentucky's County Clerks Association was one of the chief lobbyists for the raises.
The association lobbied for raises nearly every legislative session since 1988, arguing that clerks in the state do the work that two or more people handle in surrounding states, and at lower pay.
