Request By:
Mr. James S. Secrest
Allen County Attorney
Box 35
210 W. Main Street
Scottsville, Kentucky 42164
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Recently the Fiscal Court of Allen County voted to provide for one county patrolman for the entire fiscal year. At present the Allen County Police Department consists of two patrolmen. It has consisted of two patrolmen for several years. The budget for the fiscal year ending June 30, 1983, appropriates funds sufficient to sustain only one patrolman.
Your question: To what extent is the county judge executive bound by the foregoing order?
The county judge executive, under KRS 70.540, has the authority to establish a county police force of a "reasonable number", especially in terms of the necessity for county law enforcement personnel and the availability of money in the county budget for that purpose.
The fiscal court has a positive responsibility to fund properly an existing county police force. In addition, once the county judge executive establishes a reasonable county police force, as described above, he may obtain court relief to enforce the proper funding of such police force.
Saylor v. Metcalf, 310 Ky. 137, 220 S.W.2d 99 (1949). The fiscal court cannot arbitrarily withhold proper funding. See § 2, Kentucky Constitution and Saylor v. Metcalf, above. It is inconceivable that the General Assembly would provide for the organizing of a county police force by the county judge executive and then leave him stranded on the sandbar of fiscal futility. All statutes are presumed to be enacted for a purpose and should be construed to accomplish that purpose.
Martin v. Tom Moore Distillery Co., 287 Ky. 125, 152 S.W.2d 962 (1939) 967.
As relates to a one-man county police force, it is our view that the serious legislative policy expressed in KRS 70.540 eliminates the possibility of creating a sham or nominal police force for mere political purposes.