Request By:
Mr. Drewie Muncy
Martin County Attorney
Box 411
Inez, Kentucky 41224
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your problem is that Martin County inadvertently did not appoint the county treasurer at the April term, 1981. The former county treasurer has continued to serve, although the term expired in April, 1981.
Your question:
"Can the fiscal court appoint the county treasurer at the next regular fiscal court meeting in September or October 1981, although the statute refers to April?"
Under the present statute [eff. until April, 1982], KRS 68.010, the county treasurer must be appointed to serve as of May 1, 1981, as if it were a 4 year term. However, KRS 68.010 was amended in 1980, effective April 1, 1982, whereby the fiscal court at its regular June term in 1982 must appoint a county treasurer for a two year term. In 1982 the appointed county treasurer shall take office on July 1, 1982, following the treasurer's appointment.
At present, the county judge/executive may nominate, under KRS 67.710(8), a person to fill the county treasurer's office until June 30, 1982, subject to the approval of the fiscal court. See KRS 68.010(4), relating to vacancies, and OAG 81-11, enclosed. KRS 67.710(8), as a later legislative expression, governs.
Butcher v. Adams, 310 Ky. 205, 220 S.W.2d 398 (1949) 400. The order of appointment may be made retroactive as of May 1, 1981, in order to eliminate the de facto appointment under which the present so called treasurer has been serving. As concerns the two year appointment at the June term 1982, such appointment should be made by the fiscal court solely. See OAG 81-11, copy enclosed. See also
Commonwealth Ex. Rel. Breckinridge v. Winstead, Ky., 430 S.W.2d 647 (1968), relating to a de facto officer
The present person performing as county treasurer could not constitutionally serve as county treasurer after the expiration of his or her four year term.