Yocom ex rel. Burke v. Franklin County Fiscal Court

MARTIN, Chief Judge.

The Kentucky Department of Labor by a complaint filed in the Franklin Circuit Court alleged that the Franklin County Fiscal Court was liable for overtime pay due three deputy jailers. The Franklin Circuit Court disagreed, dismissing the complaint on the basis that any liability rested with the Franklin County Jailer, an elected constitutional official who was not a party to these proceedings. This appeal followed, and we affirm.

As determined in the findings of the trial court, this dispute began in the Spring of 1976 when the Department of Labor conducted an audit of the…