Request By:
Mr. James S. Secrest
Allen County Attorney
210 West Main Street
P.O. Box 35
Scottsville, Kentucky 42164
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Question No. 1:
"After January 2, 1978, does the county clerk continue to serve as fiscal court clerk under the provisions of KRS 67.120? The provisions of this statute appear to be mandatory."
There is a proposed bill in the 1978 Session of the legislature which would amend KRS 67.120 to remove the county clerk as the ex officio clerk of fiscal court. Presently in your county the county clerk is mandatorily clerk of fiscal court.
Question No. 2:
"Does the county clerk continue to perform the duties which were formerly his relative to finance and budget asset forth in Chapter 68 KRS?"
The county clerk's fiscal and budget duties are presently covered in KRS 68.325 and 68.340, subject to any change coming out of this 1978 Session.
Question 3:
"Will the adoption of an Administrative Code by the county repeal conflicting statutory provisions?"
The Administrative Code authorized by KRS 67.710(2) can in no way be in conflict with existing or future statutory law. See Fiscal Court of Jefferson County v. City of Lousville (76-604) (decided December 9, 1977), the Home Rule case.