Request By:
Dr. R. Ronald Hill, D.M.D.
Chairman
Wedco Health Department
269 East Main Street
Paris, Kentucky 40361
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The Bourbon County Fiscal Court entered a resolution on June 7, 1973, agreeing with four other counties to enter into the establishing, maintaining and operating of a district health department for the purpose of improving the delivery of health services to the people of the area. The action was taken pursuant to KRS 212.810 to 212.930.
The cost of creating and establishing the district health department was to be paid by the counties of the district in proportion to the taxable property of each county as shown by their respective county assessments. The annual expense of maintaining and operating the district health department was to be borne by each member county reasonably and equitably in proportion to the amount of taxable property in each county, in amounts determined by the standards of the Cabinet for Human Resources. See KRS 212.840 and 212.850.
The physical facilities of the Bourbon County Health Department were to be made available for use by the district in providing services.
Under Section 6 of the resolution, the Bourbon County Fiscal Court reserved the right to withdraw from the district organization at the end of any fiscal year ending on June 30, provided a resolution to such effect is adopted not less than four (4) months before the end of the fiscal year expressing such intention.
The District Health Department was fully established in 1974. On April 5, 1983, the Bourbon Fiscal Court voted 5 to 3 to withdraw from the District Health Department as of July 1, 1983.
Your first question is:
"Can they withdraw at this time under the facts given?"
Section 6 of the resolution of Bourbon Fiscal Court requires that a withdrawing county withdraw at the end of any fiscal year ending on June 30, provided a resolution to such effect is adopted not less than four (4) months before the end of the fiscal year expressing such intention. Since the resolution of withdrawal was voted on April 5, 1983, only about three (3) months are involved prior to June 30, 1983. It is our opinion that the withdrawal cannot legally be effected at this time.
Your second question reads:
"In addition, doesn't this contract make it necessary for a county to withdraw only at the end of a given fiscal year? "
The answer is yes, and provided that the resolution of withdrawal is adopted not less than four (4) months before the end of the fiscal year.
Since there is nothing in the statutes suggesting that the joining in the formation of the district health department is irrevocable, it is our opinion that by reasonable implication the Bourbon County Fiscal Court can withdraw from the district, provided that it meets the terms of Section 6 as to the time frame, and provided that prior to actual withdrawal the Bourbon Fiscal Court settles any outstanding financial or contractual obligations involving the district. See Padgett v. Sensing, Ky., 438 S.W.2d 501 (1969) and OAG 80-193, published, Banks-Baldwin. Here we believe the authority to get into a district health arrangement carries with it implicitly the power to get out of it.