Request By:
Hon. David L. Armstrong
Jefferson County Judge/Executive
Jefferson County Courthouse
Louisville, Kentucky 40202
Opinion
Opinion By: FREDERIC J. COWAN, ATTORNEY GENERAL; ANN M. SHEADEL, DIRECTOR, CIVIL AND ENVIRONMENTAL LAW DIVISION
This is in response to your recent letter, in which you requested an Opinion from this Office concerning the appointment of the County Treasurer puruant to KRS 68.010(1) and KRS 67.710(8). Your question is whether the County Judge/Executive may nominate the County Treasurer, or whether the County Commissioners have the authority both to nominate and appoint the County Treasurer.
KRS 68.010(1) provides, in pertinent part:
The fiscal court of each county, at its regular June term every four (4) years, beginning with June, 1982, shall appoint a county treasurer for a term of four (4) years.
KRS 67.710(8) provides, in pertinent part, that the County Judge/executive has the responsibility to:
With the approval of the fiscal court, make appointments to or remove members from such boards, commissions, and designated administrative positions as the fiscal court, charter, law or ordinance may create.
The position of County Treasurer is an administrative position within the terms of this statutory provision. See OAG 81-151.
This Office has stated in past decisions that these statutes are irreconcilable because they provide for two different methods of appointment of the County Treasurer. See OAGs 80-175, 81-11, 81-151. We reaffirm those Opinions here.
This Office also has stated in past decisions that, "where two statutes on any subject are apparently in conflict and cannot be reconciled, the later statute controls." OAG 81-151, at 5. See also OAG 83-475. The most recent action taken concerning either KRS 68.010(1) or KRS 67.710(8) occurred in the 1988 Regular Session of the legislature, during which KRS 67.710 was amended; that entire statutory provision was republished after that amendment. It is our opinion that the republishing of KRS 67.71, which of course included KRS 67.710(8), was the later expression of the legislative will and makes KRS 67.710(8) a later statute than KRS 68.010(1). See OAGs 83-475 and 81-151.
Therefore, it is our opinion that KRS 67.710(8) is the appropriate statutory provision to apply to the question of how a County Treasurer should be appointed. According to that provision, the County Judge/Executive is responsible for making the appointment to the position of County Treasurer, with the approval of the fiscal court.