Request By:
Joseph W. Bolin, Esq.
Hickman County Attorney
Old First National Bank Building
East Clay Street
Clinton, Kentucky 42031
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter raising several questions concerning the county treasurer.
On November 24, 1973, the Hickman County Fiscal Court appointed Ms. Price as treasurer following the resignation of the previous treasurer. Ms. Price Performed the duties of treasurer until May 9, 1977, when the fiscal court appointed a new treasurer even though the fiscal court had previously met on March 28, April 12, April 26 and May 9, 1977, without appointing a treasurer.
Your questions are as follows:
"1. Did the Fiscal Court terminate Ms. Price prior to the expiration of her term?
2. Did the Fiscal Court in the event Ms. Price's term had expired waive its option of appointing another treasurer by not acting by April 1 or its next meeting in April?
3. Did the Fiscal Court improperly terminate Ms. Price?"
At the outset we direct your attention to KRS 68.010, particularly subsections (1) and (4) thereof which state as follows:
"(1) The fiscal court of each county, at its regular April term every four years, beginning with 1913, shall appoint a county treasurer for a term of four years. If for any reason the county treasurer is not appointed at the April term, the county judge shall call the fiscal court to meet immediately after the adjournment of the term on a day fixed by order entered on the order book of the court, and the meeting shall be held within two weeks after the adjournment of the April term."
"(4) In the case of a vacancy from any cause in the office of county treasurer, the county judge shall call a special term of the fiscal court to fill the vacancy. "
Under the terms and provisions of KRS 68.010(1), the treasurer's term, the unexpired portion of which Ms. Price had been appointed to fill, ran from April of 1973 to April of 1977. Thus, the term of office of Ms. Price, who was appointed treasurer on November 24, 1973, and who presumably met and satisfied the requirements set forth for the office, expired in April of 1977.
In Reynolds v. Floyd County Fiscal Court, 262 Ky. 445, 90 S.W.2d 694 (1936), the Court said that where a vacancy in the office of county treasurer existed during the term, the fiscal court's appointment of a person to fill that office was valid only for the duration of the unexpired term. Note also that the statutes make no provision for a county treasurer's holding over after his term has expired. In addition, see Section 107 of the Kentucky Constitution and OAG 66-239, copy enclosed.
Since Ms. Price's term of office as county treasurer expired in April of 1977, the fiscal court in April of 1977 should have followed the provisions of KRS 68.010(1) concerning the appointment of a county treasurer for the term running from April of 1977 to April of 1981. The fiscal court's failure to appoint a county treasurer in April of 1977 resulted in the creation of a vacancy in that office. The fiscal court could then, pursuant to KRS 68.010(4), fill the vacancy after the county judge called a special term of the fiscal court for that specific purpose. As soon as the new county treasurer has qualified and his bond has been approved, the outgoing or acting county treasurer is required to vacate the office and deliver to his successor all books, papers and records and make a full settlement with the fiscal court pursuant to KRS 68.050. Again, see OAG 66-239.
While KRS 68.010(3) provides that the fiscal court may remove the county treasurer only for neglect of duty, incompetency or dishonesty, Ms. Price's term of office expired in April of 1977. Since she is no longer the legal county treasurer she is not subject to the protection of removal only for cause and she can only be considered the acting treasurer since April of 1977.