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Request By:

Mr. James Hite Hays
Shelby County Attorney
501 Main Street
Shelbyville, Kentucky 40065

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General

Question No. 1:

"When a fiscal court accepts a yearly report from a county fee officer, does this prevent that officer from being responsible to the county for any disallowable or unauthorized expenses deducted from his excess fees? "

If fiscal court disallows certain expenditures as credit against his excess fees, then the county fee officer will have to pay in such amounts, as are disallowed, to the county treasury. Of course he can litigate it. [See Funk v. Milliken, Ky., 317 S.W.2d 449 (1958)] and let the courts determine it.

Question No. 2:

"What procedures are available to county government in asserting their claim for repayment of unauthorized deductions from excess fees taken by county officials, and how many years back may the county government make its claim (is there a statute of limitations) ?"

Where such officers do not make good any disallowed expenditure credits, the five year statute of limitations applies. See KRS 413.120. See OAG 74-462, copy enclosed, on this subject.

Finally, a compromise settlement with an officer, if based upon a mutual mistake, whether of fact or law, can be opened up for correction. The settlement of a controversy between knowledgeable parties as to an unliquidated claim ordinarily bars recovery of the remainder of the claim which subsequent events show that one of the parties may have been liable for. Webster County v. Vaughn, Ky., 365 S.W.2d 109 (1963).

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1978 Ky. AG LEXIS 484
Cites (Untracked):
  • OAG 74-462
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