Request By:
Mr. Jacob V. Garner
Pulaski County Judge/Executive
P.O. Box 712
Somerset, Kentucky 42501
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You request our opinion on this question:
"As County Judge/Executive if I designate certain duties to a magistrate for a particular cause may we pay him mileage for performing such duty?"
The executive duties are under the supervision of the county judge/executive. KRS 67.710. However, neither you nor the fiscal court has the authority to delegate executive or administrative duties to the magistrates on fiscal court. KRS 67.080(3) expressly provides that "The fiscal court shall not exercise executive authority except as specifically assigned by statute." (Emphasis added). Cf. KRS 67.083.
The magistrates on fiscal court have a legislative role in serving on that body. Where the magistrates travel over the county solely for the purpose of gaining information and facts which will aid them, and which are practically necessary, in their legislative duties, they can be reimbursed on a reasonable mileage basis for such travel expenses incurred in pursuing such work for the county. See KRS 64.530;