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Request By:

Hon. Samuel E. Phillips
Taylor County Judge/Executive
Taylor County Courthouse
Campbellsville, Kentucky 42718

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Elizabeth E. Blackford, Assistant Attorney General

In your letter of May 16 you asked who should appoint the members of the Taylor County Hospital Board. You also wanted to know what procedure should be followed in making such appointments, and whether the County Judge/Executive could make such appointments, subject to the approval of the Fiscal Court.

The Fiscal Court of Taylor County shall appoint the members of the Taylor County Hospital Board. KRS 216.323. KRS 67.040 demands that a quorum of the fiscal court be present and that a majority of those present vote on the appointments. It is within the discretion of the fiscal court to determine what procedure to use for accepting recommendations for appointment.

Because the County Judge/Executive's power is purely executive and administrative, he may not appoint the members of the Hospital Board, even where such appointments would be subject to the approval of the fiscal court. That power is vested only in the fiscal court. See KRS 67.710 and 216.323.

You also asked who should appoint the members of the Taylor County Fair Board. There are no statutory provisions relating to the appointment of a county fair board. Therefore, the interested parties are free to determine who shall appoint the County Fair Board.

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 353
Forward Citations:
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