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 problem was stated in your letter:
"Members of the Jessamine County Band have been invited to perform some musical concerts in Europe in June. Parents and band boosters are raising funds to pay for the trip. The Jessamine Fiscal Court has been requested to assist by paying a part of the cost of the trip.
"Does the fiscal court have authority to provide funds for the trip under any of its powers, including, but not limited to KRS 67.083(3)(d) as to a program for the welfare of juveniles or as to a recreation program under KRS 97.050?"
KRS 67.083(3)(f) provides that the fiscal court may enact ordinances and appropriate funds in performance of certain enumerated public functions, which include "provision of parks, nature preserves, swimming pools, recreation areas, libraries, museums and other recreational and cultural facilities and programs."
In construing statutes, a word is always construed in connection with the words with which it is associated, and, where several things are referred to, they are presumed to be of the same class, when connected by a copulative conjunction, unless a contrary intent appears.
Carson & Co. v. Shelton, 128 Ky. 248, 107 S.W. 793 (1908) 793. Here in KRS 67.083(3)(f) the kindred categories listed relate primarily to capital construction projects and programs associated therewith.
KRS 67.083(3)(d) relates to public health facilities, equipment, and programs.
The Supreme Court of Kentucky, in Fiscal Court, Etc. v. City of Louisville, Ky., 559 S.W.2d 478 (1977) 481, reiterated the principle that the General Assembly, if it is to constitutionally vest powers of government in counties, through fiscal courts, must do so by statutes expressly delegating such powers.
Unfortunately, it is our opinion that there is no statute authorizing fiscal courts to expend county money to fund the cost to a high school band of a trip abroad or anywhere. KRS 97.050 involves expenditures for equipping, maintaining and operating a park, playground or recreation center. But it in no way authorizes an expenditure for school band trips.
Of course no one can fail to see the obvious educational and cultural values and benefits inherent in such band travel. However, the fiscal court is bound by the statutory law and the interpretation placed upon the statutory law by our courts.
We regret that we are unable to encourage the county's financial support of the band trip.