Request By:
Mr. C. A. Williams
Laurel County Clerk
Courthouse
Main Street
London, Kentucky 40741
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Except in Jefferson County, the county clerk is clerk of the fiscal court, at his option. KRS 67.120.
Assuming that a county clerk decides to not be the fiscal court clerk and another person is appointed to fill that position, you ask us to outline the duties of such fiscal court clerk, as well as duties of the county clerk, in relation to fiscal court proceedings.
Such fiscal court clerk is required, under KRS 67.120, to attend its sessions and keep a full and complete record of all of its proceedings, with a proper index. That central function of maintaining a full and complete record of all fiscal court proceedings, with a proper index, must be kept in mind. This really refers to the proceedings of the fiscal court while it is in lawful session with a quorum. See § 144, Kentucky Constitution. Thus the proceedings refer to all the fiscal court's business during that session, including action taken or not taken. The fiscal court is a body of record. See
Casteel v. Sparks, 312 Ky. 99, 226 S.W.2d 533 (1950) 536. Every official action of fiscal court must be made a part of the permanent records of the county. KRS 67.100. This would include ordinances, resolutions, orders and motions. See KRS 67.076. The minutes of each lawful meeting are to be typed and submitted for approval at the next succeeding meeting. Under KRS 67.100(5), a copy of all records required by that statute must be on file in the office of the county clerk. We pointed out in OAG 79-62, copy enclosed, that only one copy of the fiscal court minutes is required to be kept by the clerk of the fiscal court; and thus no copy of the minutes is required to be on file in the county clerk's office.
The clerk of the fiscal court should see to it that the originals of the various county ordinances, resolutions, orders and motions are placed on file in the county clerk's office.
It is our view that the filing of a duplicate of the fiscal court meetings in your office is not required. See
Kentucky Title Co. v. Hail, 219 Ky. 256, 292 S.W. 817 (1927) 821, stating that the law does not require the doing of a vain thing. Here the original of the minutes and the minutes book in the office of the fiscal court clerk will suffice. They are available to the public.
The actual recording of the various fiscal court orders, resolutions, ordinances and motions, etc., in the fiscal court order book should be done by the fiscal court clerk. That fiscal court order book should be ultimately kept in the office of the county clerk, pursuant to KRS 67.100(5).
The indexing of the county ordinances, orders, and resolutions, is, in this factual situation, the responsibility of the fiscal court clerk, pursuant to KRS 67.120(1). Such index system should be kept in the office of the county clerk as a necessary adjunct to the fiscal court order book system.
The original documents relating to ordinances, orders, resolutions, etc., along with the fiscal court order book, reflecting the recording of such documents, should be kept in the county clerk's office. Such documents should be numbered, certified, signed and recorded by the fiscal court clerk, since, as you observed, such fiscal court clerk is the person actually maintaining a full and complete record of all such fiscal court proceedings. In this manner the actual realities touching fiscal court proceedings can be best preserved for the public's reasonable inspection. Your pragmatic view of these described responsibilities seems to us to be in accord with the legislative intent and the administrative realities underlying the generation of these public documents.