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Here is the letter sent by lawyers for Grant Co. Jailer Chris Hankins to the state attorney general asking for a ruling on who should oversee the jail and its organizational structure.
Here is the letter sent by lawyers for Grant Co. Jailer Chris Hankins to the state attorney general asking for a ruling on who should oversee the jail and its organizational structure.
Here is the letter sent by lawyers for Grant Co. Jailer Chris Hankins to the state attorney general asking for a ruling on who should oversee the jail and its organizational structure.
71EGLER&{SCHNEIDE”
Hause y DE”
ane ATTORNEYS AT LAW “en
October 29, 2015
"The Honorable Jack Conway FILE copy
Attorney General
58 Capo Avene Sut 18
Frankfort, Kentucky 40601
‘Re: Request for an opinion regarding the authority to create an organizational
structure for a Jail and whether that organizational structure includes the
appointment of certain ranked officials within the Jail
‘Deur Attomey General Convray:
‘The situation that warranted this request for an opinion began when Chris Hankins was
elected as Grant County Jailer and assumed office in January of this year. Since Hankins was
established as the County Jailer, the Fiscal Court has elected to increase its involvement in the
affairs of the Grant County Jail.’ On October 12, 2015, the Fiscal Court called a special meeting
to specifically address the personnel and budgetary issues at the jal. A chis meeting, the Deputy
Judge Executive proposed a new organizational structure for the jail, including a fixed
‘composition of ranks in the Jile's chain of command, This proposed organizational structure,
‘which was adopted by the Fiscal Court, overhauled the ranking structure foreing the Jailer to
issue promotions to the unqualified and unnecessary demotions. The restructuring of the jll
chain of command was prepared and proposed without consultation with the elected Jailer not
‘was the elected Jailer given a copy ofthe evised organizational chain of command within his jail
to review before the Special mecting of October 12, 2015, The restructuring has caused
significant chain of command issues amongst the ranks in the Jail and has actively interfered
‘With the Jailer’s custody and control of Jail operations and oversight.
1) Pursuant to 501 KAR 3:020, which authorizes and requires the jailer “to develop
‘and maintain an organizational chart and 2 policy and procedure manual” for the jail to then be
adopted by the Fiscal Court, is the elected Jailer in a county solely responsible for the
development of an organizational plan (chain of command structure) for the Jail, subject to‘The Honorable Jack Conway
October 29,2015
Page 2
Fiscal Court adoption (501 KAR 3020); or may @ non-elected third party, such as a deputy
Judge Executive, assume the dusis ofthe Jailer and submit an organizational chart on behalf of
the Jail to the Fiscal Court for adaption without the elected Jailer's approval, consent, or even
consultation?
2) Under Kentucky law, specifically K.R.S 71,060, the jailer shall be zesponsible for
the appointment and removal of jail personnel, while the Fiscal Court may determine the general
‘umber of pessonnel through ihe determinetion of the jail budget. This fairly ambiguous
provision appears to contradict K.R.S. 71,020, in the above mentioned situation, which gives all
Statutory eustody and coatrol ofthe jail to the elected jailer. Is the Fiscal Court imited to setting
the overall anual fiseal payroll budget and the pay scale per rank (ie. stating a captain will
make $50,000 per year and a Deputy will make $30,000 per year); or does the Fiscal Court's
fauthorty include the determination of how many positions of each command rank will be
available forthe Jilr to fill (Le. there shall only be 3 captains, | deputy, and a sergeant), which
then cedes custody and contol ofthe Jal to the Fiscal Court? " Or does K.RS, 71.020 allow the
Jailer to appoint his own chain of command ranking structure that best allows him custody and
Control of jail facilities so long as his chain of command structure does not exceed the ansival
pyrol budget approved by the Fiseal Court pursuant to KR.S. 71.0607
We look forward toa response at your earliest convenience
Sincere}
Shane €. $idebprom.
ce, Chris Hankins, Grant County Jailer