Request By:
Mr. John Hurst
House of Representatives
Route #1
Bloomfield, Kentucky 40008
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
On behalf of your fiscal court, you request our opinion on three questions.
Question No. 1: If the county judge/executive sends his secretary to Ad District meetings to represent him as to availability of funds to the county, would the secretary's report be limited to the county judge/executive, or should she make the report available to fiscal court?
The county judge/executive should make her report available to fiscal court, since he himself represents the county and fiscal court as the chief executive officer, and since KRS 67.710(3) requires him to furnish fiscal court with all pertinent information concerning county operations necessary for the proper exercise of fiscal court powers. In addition, KRS 67.710(6) requires the county judge/executive to keep fiscal court fully advised as to any financial matters affecting county operations. It must be kept in mind that the county judge/executive's business and his secretary's business is county business or fiscal court business.
Question No. 2: What authority does the county judge/executive have in the hiring and firing of county employees?
The county judge/executive can hire and fire county personnel only with the consent of fiscal court. KRS 67.710(7). In connection with county policemen, the county judge/executive has the authority to hire and fire such personnel without the consent of fiscal court. KRS 67.710(7) makes an exception of other statutory procedure. See KRS 70.540. However, fiscal court must set a salary for county policemen.
Question No. 3: When can the county judge/executive vote on salary increases of county employees? The answer is any time the question arises before that body.