Kentucky Revised Statutes
Ky. Rev. Stat. § 64.730 (2026)
Effect of failure to fix compensation of officer prior to commencement of
✓ current as of May 2026
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term. Where any public body is required by KRS 64.480 to 64.740 to fix the compensation of an officer, and of his deputies and assistants, for terms commencing after June 30, 1950, not later than the first Monday in May in the year in which such officers are elected, and the body fails to do so, the compensation of the officer, and of his deputies and assistants, shall be the same as for the preceding term. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 188, sec. 30, effective July 15, 1980. -- Created 1950 Ky. Acts ch. 123, sec. 32.
Notes of Decisions
Cited in 7
cases, 1952–1998 · leading case: Funk v. Milliken, 317 S.W.2d 499 (Ky. Ct. App. 1958).
Funk v. Milliken, 317 S.W.2d 499 (Ky. Ct. App. 1958). “Under KRS 64.730, when the compensation has not been fixed by the first Monday in May in the year of election, the compensation is to be the same as for the preceding term.”
Dennis v. Rich, 434 S.W.2d 632 (Ky. Ct. App. 1968). “530 which directed that “In case of officers compensated * * * partly from fees and partly by salary, the fiscal court shall fix the maximum compensation that the officer may receive from both sources * * ” and was for the purpose of preventing the salary for the preceding term…”
Upton v. Whitley Cnty. ex rel. Peace, 256 S.W.2d 3 (Ky. Ct. App. 1952). “As a postscript to this opinion it should be pointed out that effective at any time after June 30, 1950, as provided by KRS 64.730, Sec. 32 of Chap. 123, Acts of General Assembly of 1950, if the fiscal court fails to fix the salary of the county attorney, or of any other officer…”
City of Somerset v. Reid, 413 S.W.2d 611 (Ky. Ct. App. 1967). “* * * ” The third statute to be considered is KRS 64.730, which we quote for convenient reference : “Where any public body is required by KRS 64.”
Wells v. Roberts, 448 S.W.2d 658 (Ky. Ct. App. 1969). “170 on KRS 64.730. 2 *660 There the salary was fixed before “ * * the filing of nominating petitions * * * ” and the question whether the city could have acted afterwards was not determined, but we said that “ * * * nowhere was the city told that this important affirmative duty…”
Wallace v. King, 973 S.W.2d 485 (Ky. Ct. App. 1998). “KRS 64.730 holds that if a fiscal court fails to act according to this time-frame, the compensation of the officer must be the same as it had been for the- preceding term.”
Wilson ex rel. Bell Cnty. v. Ball, 323 S.W.2d 840 (Ky. Ct. App. 1959). “This intent is manifest in Section 32 of the Act (KRS 64.730) which reads: “Where any public body is required by this Act to fix the compensation of an officer, and of his deputies and assistants, for terms commencing after the effective date of this Act, not later than the…”
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