May the fiscal court unilaterally adopt personnel policies and procedures applicable to jail employees?
While we cannot comment upon the legality of specific personnel policies that we have not reviewed, in our view the general answer is that, given certain statutes specific to jails, a county fiscal court may unilaterally adopt personnel policies and procedures that apply to jail employees (including deputies ), provided those policies do not infringe on constitutional or statutory provisions. We assume unilaterally, as used in the question set forth above, to mean without input from, or the concurrence of, the jailer. In several prior opinions, this office has indicated, in substance, that the fiscal court has no authority to establish personnel policies regarding the deputies of constitutional officers such as the county clerk, sheriff, and jailer. See, for example, Opinion of the Attorney General (OAG) 84-22; 84-36; 84-203. We here modify that view with respect to deputies and employees of the jailer. Particular provisions within KRS chapter 441 give the fiscal court responsibilities
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