Request By:
Mr. William E. Burnette
State Director
Farmers Home Administration
333 Waller Avenue
Lexington, Kentucky 40504
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This letter is written to you at the request of Mr. William L. Short, Secretary of the Cabinet for Development of the Commonwealth of Kentucky, in connection with efforts by the Cabinet for Development to obtain FY79 planning funds under the Farmers Home Administration Energy Impact Assistance Program. In order to obtain the funds in question the federal government apparently requires that the Attorney General's Office furnish a letter setting forth when the Cabinet for Development was first organized and how, when it was permanently established and under what statute, what its purpose and functions are, and an opinion that it has operated continuously since its inception and is authorized to do growth management and housing planning for the Commonwealth.
In connection with the initial organization, we direct your attention to Executive Order 73-817, signed September 13, 1973, creating the office of Secretary for the Development Cabinet. As to the statutory provisions pursuant to which the Office of Secretary and the Development Cabinet were created and now exist, we direct your attention to KRS 12.250, providing that among the program cabinets established is the cabinet for development; KRS 12.255, establishing in part the office of secretary for the development cabinet; KRS 12.265, dealing with the composition of the various cabinets, including the cabinet for development; and KRS 12.270, dealing with the secretaries of the various cabinets and their authority, powers and duties. These statutory provisions were originally enacted by the Kentucky General Assembly in 1974. (See 1974 Acts, ch. 74, Art. VII, §§ 1 - 5, Senate Bill 112, effective June 21, 1974.)
In connection with the purposes and functions of the Development Cabinet and the authority, powers and duties of the Secretary, we direct your attention to KRS 12.270. Subsection (1)(a) of that provision provides that the secretary of each cabinet shall be a member of the Governor's cabinet and shall serve as the Governor's liaison in carrying out the responsibilities for over-all direction and coordination of the departments, boards and commissions included in that cabinet. KRS 12.270(2) states that each secretary is authorized to accept and expend funds from any source, public or private, in support of the duties and responsibilities of his cabinet. In addition, KRS 12.267, effective June 17, 1978, provides that there is created within the cabinet for development an office of development planning. The office shall provide the primary support for the development, evaluation and measurement of overall objectives, policies, and programs relating to economic and community development, and it shall be a broad scope research unit capable of dealing with any phase of economic development.
Finally, as far as we can determine, the governmental entity in question has operated continuously since its inception and, on the basis of its statutory authority, powers and duties, it would be authorized to do growth management and housing planning for the Commonwealth.