Request By:
Mr. Dale Roberts
Owsley County Judge/Executive
P.O. Box 294
Booneville, Kentucky 41314
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
As County Judge/Executive of Owsley County you want to know the proper procedure in appointing a deputy county judge/executive.
In Section 16 of H.B. 152 (1978 Sess.) a new section of KRS Chapter 67 was created to provide that notwithstanding the provisions of KRS 67.710(7) the county judge/executive of any county may appoint a deputy who shall serve at his pleasure. Such deputy may exercise all administrative powers, duties, and responsibilities of the office of county judge/executive, and he may assume such other responsibilities as shall be prescribed in the administrative code of the county. Section 16 of that bill becomes effective June 17, 1978. On and after that date you, as county judge/executive, have the authority to appoint a deputy as mentioned in the statute. No consent to the appointment by fiscal court is required. You can do this by setting up the appointment in a county judge/executive executive order, which will be lodged for record with the county court clerk's office. Of course, any salary for this deputy would have to be set by the fiscal court. See KRS 64.530. Also see KRS 61.035, which provides that any deputy enjoined by law or by the rules of civil procedure upon a ministerial officer and any act permitted to be done by him may be performed by his lawful deputy. See Asher v. Sizemore, Ky., 261 S.W.2d 665 (1953).
The underlying purpose of Section 16, H.B. 152, was to provide for a deputy who can perform all duties of that office when the county judge/executive is absent from the county or is ill or otherwise is unable to perform his statutory duties.