City of Louisville v. Fisher
| Citation | 258 Ky. 84 |
| Parties | City of Louisville v. Fisher (and thirteen other cases). |
| Decision Date | 29 January 1935 |
| Court | United States State Supreme Court (Kentucky) |
1. Municipal Corporations. — City deputy assessors held entitled to recover amount of salary reduction in view of constitutional provision forbidding compensation of municipal officers to be changed during their terms of office, since deputy assessors are "public officers" within such provision (Ky. Stats., secs. 2756, 2906; Constitution, secs. 160, 161).
2. Municipal Corporations. — City deputy assessors could not waive or be estopped from claiming full salary to which they were entitled under statute (Ky. Stats., secs. 2756, 2906; Constitution, secs. 160, 161).
Appeal from Jefferson Circuit Court
MARK BEAUCHAMP and THOMAS A. BALLANTINE for appellant.
BURKE & LAWTON and WM. T. BASKETT for appellees.
Affirming.
Walter S. Fisher and the other thirteen appellees in the above-styled actions who were plaintiffs below have each recovered judgment against the city of Louisville for $246 alleged balance due them for salary as deputy assessors of that city. The petition in each of the actions alleges that the salary of the plaintiff was reduced during his term of office by the amount sued for. The city is here on motion for appeal from the judgment in each of the cases, which by agreement of parties have been consolidated, heard together, and will be disposed of in one opinion.
Section 160 of the Constitution of this state, in substance, provides that officers of towns or cities other than the ones enumerated therein shall be elected by the qualified voters or appointed by the local authorities as the General Assembly may by law provide. Louisville is a city of the first class, and section 2756, Kentucky Statutes, which is a part of the charter of that city, reads:
"Except as otherwise herein provided, the legislative body may, by ordinance, prescribe the duties, define the term of office, and fix the compensation and the bond and time of election or appointment of all officers and agents of the city."
Section 2906 of the Statutes, which is also a part of the charter of the city provides in substance that, after the election of an assessor by the general council of the city for a term of four years, the assessor shall have power to appoint, with the approval of the board of aldermen, such deputies and assistants as may be allowed him by ordinance.
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