Request By:
Mr. Roy T. Baber
Bourbon County Judge/Executive
Courthouse
Paris, Kentucky 40361
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You have requested an opinion concerning several questions relating to county government.
Question No. 1:
"If the previous county judge, prior to January 1, 1978, received the maximum compensation allowable by law does the present county judge/executive automatically receive the maximum? "
The answer is that the incumbent county judge/executive does not automatically receive the maximum. Under KRS 67.705 the county judge/executive must be paid the minimum compensation provided in that statute. The minimum is either a sum not less than 60% of the maximum compensation permitted under KRS 64.527 [which for 1978 is $18,763.20] or a minimum which represents the total annual compensation received by the county judge in office during the calendar year 1976. Thus the county judge/executive would be entitled to the greater of the two minimums. The fiscal court is under no compulsion to provide, as a salary to the county judge/executive, the maximum permitted under the rubber dollar statute, KRS 64.527. However, the fiscal court, if it wishes, may provide him with the maximum compensation.
Question No. 2:
"The county judge/executive by virtue of his office is considered ex-officio member of various boards. What voting authority or power to make motions does he have as ex-officio member? Some particular situations are as follows:
County Hospital BoardDistrict Health BoardLocal Health BoardCity/County Community Development BoardCounty Library Board"
The usual meaning of ex-officio is that the officer holds another statutory position by virtue of his office. As a member of a statutory board, he would have the usual voting rights [including making motions], unless the statutes provide otherwise. As a member of a hospital board he would have usual voting and motion rights unless the by-laws provide otherwise. As a member of a district health board, local health board, and county library board, the county judge/executive would have full voting and motion rights. The same would apply if he is a member of the board of a community action corporation.
Question No. 3:
"Does the county judge/executive have sole authority to recommend hiring and firing of county personnel? If so must the fiscal court vote in that manner?"
In connection with the hiring or firing of county personnel, under KRS 67.710(7) the county judge/executive has the sole authority to nominate persons to be hired or fired, and the nomination is subject to the approval or rejection by the fiscal court as a body. Thus even after the county judge/executive makes the motion for a person to be hired or fired, he has the right to vote along with the other members of the fiscal court on the nomination.
Question No. 4:
"Does the county judge/executive have the same right to vote and make motions as any other fiscal court member? It has been my understanding the county judge is actually considered the 'high magistrate' as well as county judge."
The county judge/executive is indeed the chairman and a full member of the fiscal court and has the right and the duty to vote on all questions coming before that body. He also has the authority to make a motion on any county business.
Question No. 5:
"May the county judge/executive make expenditures as long as it is in the bounds of the budget or must it have prior approval of the fiscal court?"
The county judge/executive cannot make expenditures unless the expenditures have had prior approval of the fiscal court as a body. In addition, the expenditures cannot exceed the current budget.
Question No. 6:
"Can the county attorney also be the deputy county judge/executive?"
This would involve two county offices. Neither the Constitution, Section 165, nor KRS 61.080 would prohibit this. However, since the county attorney is the legal adviser for the county and the fiscal court, it is our view that this would constitute a common law incompatibility. It is our opinion in such situation that the county attorney could not honestly, impartially, and objectively carry out both jobs. This would not be in the public's interest.
Question No. 7:
"Is it allowable for a magistrate to perform marriages and if so how must it be designated?"
A justice of the peace can solemnize marriages, provided that it is authorized by the Governor of Kentucky or the county judge/executive of his county by way of an appropriate executive order. See KRS 402.050(1)(b).