Request By:
Mr. W. C. Flannery
Rowan County Judge/Executive
Courthouse
Morehead, Kentucky
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your letter contains questions about the county judge/executive's statutory functions:
Question No. 1:
"Is it the county judge/executive's duty to recommend all employees who are hired by the county such as road employees, etc.?"
His duties include the authority to appoint, supervise, suspend, and remove county personnel (unless otherwise provided by state law). KRS 67.710(7). This means he must nominate all county employees to be hired, and then it is up to the fiscal court as a body to accept or reject the nominees. The only exception to this procedure is a statute which provides some different procedure. KRS 179.110, which provided that fiscal court shall employ necessary employes for a county road system, was repealed by § 8 of S.B. 18 (1976 Acts of Extraordinary Session) Chapter 20. It is our opinion that in hiring county road personnel, the county judge/executive can only nominate such employees and the fiscal court can accept or reject such nominations. KRS 67.710(7).
Question No. 2:
"If the county court consisting of the magistrates does not hire the county judge/executive's recommended person, then what happens?"
Under KRS 67.040(4) if the acceptance of a personnel nomination results in a tie vote, and a deadlock results and continues for fifteen days or longer, the county judge/executive shall cause to be entered upon the minutes of fiscal court an order reciting the facts as to the deadlock, and the question upon which it has occurred and exists, and thereupon the county judge/executive shall make such appointment. Note that under 1976 Acts (ex. Sess.) Chapter 20, § 6, wherever the words "county judge" appear in previously existing statutes, the language shall be changed by the Revisor of Statutes to read "county judge/executive." Thus in KRS 67.040(4), we merely substitute "county judge/executive" for "county judge."
If there is a tie as to an acceptance of a nominated employee, then the tie-breaking procedure of KRS 67.040(4) must be followed as above described. If the fiscal court votes a rejection (no tie) , then the county judge/executive would have to nominate someone else, subject to the vote of fiscal court (accept or reject).
Question No. 3:
"Can any magistrates make a motion to hire a person or persons other than who the county judge/executive recommends without the county judge/executive's approval or recommendation?"
The answer is "no". Only the county judge/executive can nominate or suggest a candidate for hiring. The other fiscal court members can suggest a nominee for hiring, but the county judge/executive does not have to accept such nomination.