Salaries of magistrates must be set by the first Monday in May in the year they are elected and remain the same during the next four-year term.

“Magisterial salaries cannot be changed UP or DOWN during their term in office,” said Andrew Hartley, staff attorney for the Kentucky Department for Local Government. He noted there is a cost-of-living provision that can be added, but the base salary must remain the same. The only way magistrates’ base salaries could be changed, either up or down, is for the current members of fiscal court to set salaries by May 3 for the next four-year term beginning in 2011. The salary-setting deadline is 15 days ahead of the May 18 primary election and gives voters an opportunity to assess salaries of members of the next fiscal court.

However, a magistrate can donate a portion of his salary back to the county,” Hartley said. The attorney’s comment was in reference to a local magisterial candidate’s promise to donate 25 percent of his salary back to the county.

“(If salaries can’t be lowered) I will give 25 percent (of my salary) back to the county to be used for industrial development and tourism,” Keith Floyd, a Republican candidate for magistrate in District 1, told the Commonwealth Journal. Each magistrate currently makes $30,000 a year plus an undocumented $3,600 annual expense account.

Hartley said he doubts if a magistrate can tag a donation of part of his salary for specific purposes. “He would be making the donation as a private citizen and it goes into the general fund,” the attorney added.

Floyd, best known as secretary-treasurer and board member of Somernites Cruise, also said he would serve two terms as magistrate and then not seek reelection.

A Democratic candidate for magistrate in District 1 also told the Commonwealth Journal he is opposed to current salaries of members of Pulaski Fiscal Court.

“It (magistrate) is a part-time job and should have part-time pay,” said Christopher M. “Chris” Phillips, an economics professor at Somerset Community College. “I will push for the salary to be cut in half to $15,000 (annually),” Phillips promised. Phillips could use his influence during his term, but any change in base salary would have to wait four years.

There are a total of 51 candidates for the five seats on fiscal court. The record number of candidates obviously was attracted to the fiscal court positions by the generous salary for a part-time job. Some current and previous members of fiscal court have held down full-time jobs in the private sector while serving as magistrate.

According to law, a magistrate by himself has no authority. His only authority is with the body of fiscal court; that is when fiscal court is in session. Pulaski Fiscal Court meets twice a month, usually for less than two hours each session.

Salaries for magistrates in Pulaski County have been controversial for years. Several years ago, members of fiscal court, pointing out that they had not had a raise in years, increased their salaries while in office. A citizens’ group took the issue to court; the raise was declared illegal and magistrates were required to repay the money.

The current magistrate’s salary was set prior to the beginning of the present term. Magistrates realigned districts, reducing the number from seven to five, and doubled their $15,000 a year salary. The higher salaries were put in place according to the time frame set by law and are perfectly legal. A magistrate, according to the state constitution, can earn as much as the county judge which is $83,235 annually.