Request By:
Mr. Hamilton B. Simms
Washington County Attorney
108 West Main Street
Springfield, Kentucky 40069
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The Fiscal Court of Washington County requests our opinion concerning some of the county contributions they would like to consider for the 1985-86 fiscal year. In this manner, the fiscal court and concerned citizens would be apprised in advance of fiscal court hearings of the legality or illegality of the contributions treated in your letter.
Question No. 1:
"The County has three volunteer fire departments, one located in the City of Mackville, one in the City of Willisburg and one in the City of Springfield. Can a contribution be made to these departments since they provide fire protection for the entire county? If not, may we purchase a specific piece of equipment or pay certain bills for them?"
The fiscal court could, under KRS 75.050, enter into contracts with the volunteer fire protection districts for the furnishing by such districts of fire protection services for all property within the confines of the county area included in and covered by such contracts, where such fire protection is not otherwise provided by some division of government or governmental agency. A volunteer fire department district is a political subdivision of the state. See Kelley v. Dailey, Ky., 366 S.W.2d 181 (1963) 183; and Stephenson v. Louisville and Jefferson County Bd. of Health, Ky., 389 S.W.2d 637 (1965) 638. Naked grants of the county to these volunteer fire department districts, and extended outside of KRS 75.050, would not be authorized. This is true since fiscal courts possess only those powers expressly delegated to them or powers which are implied as being indispensable to enable the fiscal court to carry out its express powers. See Fiscal Court, Etc. v. City of Louisville, Ky., 559 S.W.2d 478 (1977) 482; and Stansbury v. Maupin, Ky., 599 S.W.2d 170 (1980). Thus the authority to make such contributions is not found in KRS 67.080 nor in KRS 67.083.
Question No. 2:
"There are four city parks located within the county, one in Springfield which is located on county property but operated by the City, one in Willisburg on school property, one in Mackville on school property and one in Fredericktown which is located on county property. May the Fiscal Court give a contribution to the operation of these parks?"
KRS 67.083(3)(f) contains a provision for fiscal courts taking action as to parks. However, such parks are those under the control of the fiscal courts. Also see KRS 97.010(1). Thus there is no statutory authority for a fiscal court to contribute to a city park program.
Question No. 3:
"We have a mental health workshop which is operated by North Central Comprehensive Care located in Washington County and serves Washington County residents. May the Fiscal Court contribute to it for the operation of the workshop? "
We have been informed by the Cabinet for Human Resources that the comprehensive care unit you referred to is a nonprofit corporation created to carry out the public purposes involving mental health and mental retardation, pursuant to KRS 210.370, et seq. That being the case, KRS 210.460 gives the fiscal court specific authority to make contributions to the cost of that program. The statute recites that the cost shall be deemed for all purposes a proper county expense. See Kentucky Region Eight v. Commonwealth, Ky., 507 S.W.2d 489 (1974) 490, in which the old Court of Appeals pointed out that such nonprofit corporations, organized under KRS Chapter 273 to carry out a mental health-retardation program, pursuant to KRS 210.370 to 210.460, are eligible for federal, state, and local government contributions.
Question No. 4:
"There is a Senior Citizens building located in Springfield which serves the entire county including meals for Senior Citizens in the county. May the Fiscal Court contribute to the operation of this facility?"
You indicated by telephone that the Senior Citizens meal program was being carried on by a community action agency. See KRS 273.410(2), defining a "community action agency", and KRS 273.441, specifying the authorized programs of a community action agency.
If your county (fiscal court) has designated that community action agency, pursuant to KRS 273.435, and subject to available county funds and proper budgeting procedure under KRS Chapter 68, the fiscal court can contribute to any of the authorized programs covered in KRS 273.410(2) and 273.441. The Senior Citizens meal program would be authorized under the statutory concept of reducing poverty and bettering living conditions, as expressed in KRS 273.410(2) and KRS 273.411.