Request By:
Mr. Sherman Dean, Jr.
Jessamine County Judge/Executive
Courthouse
Nicholasville, Kentucky 40356
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Jessamine County owns a county farm, a portion of which has been leased to a joint recreation board created under KRS 97.035. The fiscal court has requests for money from baseball, football and basketball leagues which serve youth in Jessamine County. The Jessamine County Fair has requested a portion of the county farm for a fairgrounds. The youth sports program and county fair are nonprofit corporations and organizations.
Question No. 1:
"Does the fiscal court have authority under KRS 67.080 and 67.083 to appropriate funds to youth sports programs by funding through the recreation board, and payment by the Jessamine Recreation Joint Board?"
The answer is "no". The recreation board is limited to parks, playgrounds and a recreation system directly under its control and jurisdiction. See KRS 97.010, 97.020, 97.035, 97.040, and 97.050. The recreation board has no statutory authority to act as an arm of fiscal court to handle county appropriations which are to finally go to various youth sports program organizations. The literal language of KRS 97.010 to 97.050 clearly suggests the direct maintenance and operation of "parks, playgrounds and recreation centers" by the recreation park board. O'Bryan v. City of Louisville, Ky., 382 S.W.2d 386 (1964) 388. As we understand it, the youth recreation programs and the county fair, of course, are not a part of the recreation board's park and recreation system.
In such situation, the fiscal court may, under KRS 67.083(3)(f), appropriate money, properly budgeted for such purposes, directly to the youth sports organization concerned.
Question No. 2:
"Does the fiscal court have authority under KRS 67.080 and 67.083 to lease a part of the county farm to the recreation joint board for use by the fair board as a county fairground? "
The answer is "no", for the reasons indicated in the response to question no. 1. Under KRS 67.083(3)(f) and (q) the fiscal court may lease the property to the county fair board for county fair purposes. This also answers your question no. 3.