Request By:
Mr. Ed Logsdon
Executive Director
Kentucky County Judge
Executive Association
231 Leawood Drive
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You, on behalf of the County Judge Executive Association, would like clarification on an issue relating to the maintenance and construction of county roads.
Your specific question reads:
"Once the fiscal court agrees on a road program for the county, who has the responsibility to carry out the program?"
"County roads" are public roads which have been accepted by the fiscal court of the county as a part of the county road system. KRS 178.010(1)(b).
The fiscal court as a body has the power of determining the road program in the county from time to time. That power is principally dealt with in KRS 67.080(2)(b) and KRS 67.083(3)(t). That road program power is not shared with anyone else. A road program must be reflected in particularity through orders or resolutions or ordinances (see KRS 67.075 through 67.078) of the fiscal court, since there can be no guesswork about the existence of a road program. A "road program" is a definite plan of action spelling out precisely, as to specifically described county roads or road segments, what the fiscal court intends to do by way of constructing, reconstructing, or improving of such roads. See Sarver v. County of Allen, Ky., 582 S.W.2d 40 (1979). In order to intelligently and wisely determine the expenditure of county road money, it is inherently and implicitly necessary that the fiscal court determine exactly what roads are to be constructed, reconstructed or repaired, the nature and extent of such construction or repair, the precise method of such improvements, and the basic time scheduling of the improvements. A fiscal court, acting as a body, possesses those powers expressly granted and those essential to the accomplishment of its declared objectives and purposes. City of Bowling Green v. Gasoline Marketers, Ky., 539 S.W.2d 281 (1976) 284; and Fiscal Court, Etc. v. City of Louisville, Ky., 559 S.W.2d 478 (1977).
Once the fiscal court takes action in the establishing of a county road program, as above described, the county judge executive, as the county's chief executive, is immediately responsible for implementing or carrying out such program, assisted by the county road engineer or supervisor, county road employees and other county employees necessary to such implementation. See KRS 67.710 and 179.020. KRS 67.710(1) in particularity provides that the county judge executive shall "provide for the execution of all ordinances and resolutions of the fiscal court, execute all contracts entered into by the fiscal court, and provide for the execution of all laws by the state subject to the enforcement by him or by officers who are under his direction and supervision." KRS 67.710 makes the county judge executive the chief executive of the county. Fiscal Court Com'rs, Etc. v. Jefferson Etc., Ky.App., 614 S.W.2d 954 (1981). See also KRS 67.083(4), providing that "The county judge executive is hereby authorized and empowered to exercise all of the executive powers pursuant to this section." The present statutes make possible orderly government and a fair distribution of work responsibility.