Request By:
Mr. George R. Hall
Boyd County Judge/Executive
P.O. Box 423
Catlettsburg, Kentucky 41129
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your problem was stated in your letter as follows:
"On the 3rd day of January, 1978 there was an order entered on the Fiscal Court order book allowing two commissioners authority to sign checks, reports and any other documents pertaining to C.E.T.A. It proved to be a very difficult situation for the C.E.T.A. employees to get necessary papers signed since the commissioners hold full time jobs.
"Due to the availability of myself and my deputy I entered an Executive order relieving the commissioners of the authority of signing any checks, reports or any other documents pertaining to C.E.T.A. The Executive order was issued on the basis of KRS 67.080 subsection (3).
"Would you please issue an opinion if I was within my rights issuing the Executive order relieving the commissioners of any executive or administrative duties with the C.E.T.A. program?"
It is our view that C.E.T.A. money coming to the county is county money and belongs in the county's account in the county treasury. The C.E.T.A. employees [since the county is a prime sponsor] are really county employees. Thus the C.E.T.A. employees' checks on the county treasury can only be signed by the county treasurer and the county judge/executive. See KRS 68.020(1), which provides that "all warrants for the payment of funds from the county treasury shall be co-signed by the county treasurer and the county judge/executive." No other signatures are authorized.
It is our opinion that: (1) The fiscal court order allowing the two commissioners to perform an administrative role and sign such checks, etc., was illegal; (2) The executive order was not necessary and had no legal effect. You are correct in saying that under KRS 67.080(3) the commissioners have no executive authority except where provided by statute. However, your declaring that in an executive order does not add anything to the legal situation. You are the chief executive officer of the county, and you are required to execute the policies and orders, resolutions and ordinances enacted by fiscal court. The fiscal court can create necessary administrative positions to aid your execution, however, the commissioners cannot assume executive and administrative roles (other than participating in the meetings of fiscal court) under existing law. See Shelton v. Smith, 284 Ky. 236, 144 S.W.2d 500 (1940).