Request By:
Mr. Sherman Dean, Jr.
Jessamine County Judge/Executive
Courthouse
Nicholasville, Kentucky 40356
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your questions concern county ordinances, as treated in H.B. 152 (Ch. 118, 1978 Acts, Sections 1, 4 and 5).
KRS 67.075(1) provides that "county ordinance" means (a) an official written act of a fiscal court, the effect of which is general and lasting in nature, which is enforceable within the jurisdiction of the county; or (b) a lawful appropriation of money.
You ask whether the term "county ordinance" includes any bill or payment of debt or expense incurred by the fiscal court?
It is our opinion that the statute was not designed to include, under the term "ordinance" , every conceivable fiscal court appropriation and payment of claims against the county. The term "ordinance" would include the annual county budget mentioned in KRS 68.260. The passing of the county budget would be an appropriation. Cf. § 230, Kentucky Constitution; Commonwealth v. Johnson, 292 Ky. 288, 166 S.W.2d 409 (1942) 414; and Shannon v. Dean, 279 Ky. 279, 130 S.W.2d 812 (1939) 814.
The approval of claims filed against the county can be effected by a simple resolution or order of fiscal court. KRS 67.076.
Thus "county ordinance" would generally not include accepting bids for equipment, approving utility bills, or acceptance of bids for construction.
your second question reads:
"Does the following procedure comply with the statute and KRS Chapter 424?
1. First reading -----Thursday, Sept. 7
2. Publication of notice of consideration -- Thursday Sept. 14
3. Second reading and enactment -- Thursday Sept. 21"
KRS 67.077 requires that the county ordinance be read on two separate days [may be read by title and summary only] prior to passage. Your procedure complies with that. KRS 67.077(2) and (3) require publication of the ordinance prior to and after the enactment. Your procedure complies with that requiremnt. See KRS 424.130 (1)(a) and (d).
Next, you ask whether the forms attached to your letter comply with the ordinance statute. We think so.
Question No. 4:
"Is there any act of the fiscal court not included in definition of 'County Ordinance' ? It is difficult to conceive of any acts of the fiscal court that do not have a general and lasting nature."
KRS 67.075(1)(a) provides that a "county ordinance" means an official written act of the fiscal court, the effect of which is general and lasting in nature." (Emphasis added). Under this general criterion it would be difficult if not impossible to lay down any specific criteria. Each situation will have to be appraised under this general rule. You and the other members of the fiscal court should rely upon the advice of the county attorney in such matter. Clearly matters that are general in nature and have a reasonable degree of permanency should be treated by ordinance. For example, the approval of John Doe's claim against the county should be treated by a resolution or order. The establishing of an ambulance service system, for example, would be by ordinance. The establishing of a major capital construction program would be by ordinance. The fiscal court's submitting the question as to the establishment of a library district to the voters should be by resolution. See KRS 173.470, as amended by H.B. 607 [Ch. 384, 1978 Acts, Section 296].