Request By:
Hon. R. Scott Kimmich
Deputy Judge/Executive, Boone County
Post Office Box 900
Burlington, Kentucky 41005
Opinion
Opinion By: FREDERIC J. COWAN, ATTORNEY GENERAL; Gerard R. Gerhard, Assistant Attorney General, (502) 564-7600
Re: Whether Fiscal Court May, By Majority Vote, Impose "Travel Policy" Binding Upon Persons Authorized to Travel at County Expense. AGO Corr. No. 91-(O)-1727.
By letter dated November 1, 1991, you ask:
[W]hether there are any direct or implied provision (sic) of the state constitution that would allow elected officials to spend public funds at their discretion, and whether an act approved by the court is applicable to all members regardless of their vote on the policy.
No provision of Kentucky's Constitution authorizes elected officials to expend public funds "at their discretion," (understood as meaning unfettered discretion) , and a dissenting vote by one member of a fiscal court regarding establishment of policies concerning travel at county expense does not exclude such member from the purview of policy adopted by majority vote of the court. Discussion follows.
As explained in your letter, the Boone County Fiscal Court, by a 3-1 vote, approved a "travel policy" that would require fiscal court members and the county attorney to follow a policy implemented for county employees generally. One member of the fiscal court cast a dissenting vote, you say, indicating "I wouldn't be willing to take away their authority as constitutional officers," referring to applicability of the policy to [fiscal] court members and the county attorney.
We obtained a copy of the policy in question (attached) to facilitate answering your questions. The policy establishes guidelines regarding use of vehicles, trip authorization, and reimbursement for an "employee." "Employee," as used in the policy, is defined as referring to:
any persons authorized to travel at the expense of the County including, but not limited to, the County Judge-Executive, County Commissioners, the County Attorney, and any persons employed on either a full or part-time basis by the County.
The policy in question, to the extent its application is limited to travel subject to reimbursement from county funds, appears to be a reasonable effort to set policy concerning travel expenses to be paid from county funds. Establishment of such policy is within the authority of the fiscal court to "[r]egulate and control the fiscal affairs of the county." KRS 67.080(1)(c).
There is no provision of Kentucky's Constitution vesting in elected officials unfettered discretion to expend public funds. We do not see that the policy in question "takes away the authority of constitutional officers," i.e., members of the fiscal court and the county attorney.
Regarding the dissenting vote by one member of the fiscal court, a dissenting vote of one member of the court does not operate to exclude that member from the purview of a policy adopted by a majority vote of the court's members. The fiscal court acts through a majority. KRS 67.078(1). A vote by a majority of the members of the fiscal court to adopt a policy will be binding upon all those within its scope.
You might want to consult the County Attorney regarding whether the policy in question should be adopted as an ordinance. Cf., KRS 67.075(1). Since the policy is presumably subject to periodic change, it is perhaps not "lasting in nature," such that adoption of it as an ordinance would be required. Still, local considerations may make it desirable to enact the policy as an "ordinance" in order to enhance its enforceability.
Boone County Fiscal Court Travel Policy
Use of Vehicles
1. Employee. For purposes of definition the term "employee" when used in this Travel Policy of the Boone County Fiscal Court shall refer to any persons authorized to travel at the expense of the County including, but not limited to, the County Judge-Executive, County Commissioners, the County Attorney, and any persons employed on either a full or part-time basis by the County.
2. Staff Vehicles. The County may provide staff vehicles for travel within a 250 mile radius of the County.
3. Private Vehicles. In the event a privately-owned vehicle is to be used for travel on County business, request for approval for use of the privately-owned vehicle must be filled out by the user and approved by the Department Head. Mileage is to be recorded for said usage including a beginning and ending odometer reading.
4. Accidents. Employees cannot be reimbursed for property damage as a result of an accident in a privately-owned vehicle. Any accident involved on County business must be reported to the Director of Personnel immediately in writing. At the scene of the accident employees should make no statements concerning fault. Information as to the procedures to follow in the event of an accident may be found in each staff car.
Trip Authorization
1. Employees. Each trip by a County employee to a destination outside a 250 mile radius, which is to be charged wholly or in part to the County, must be specifically authorized in writing by the Department Head and the County Judge-Executive or his designee.
Reimbursement
1. Public Transportation. Transportation cost of persons authorized to travel on official business shall be reimbursed for the cost of regular coach class airline accommodations purchases seven days in advance of the trip. In the event an employee chooses to travel via automobile, his/her total reimbursement for travel to and from the location of the meeting shall not exceed the cost of a coach airline ticket purchased seven days in advance.
In the case where an employee provides for their own transportation, schedules circuitous routing, schedules an unnecessary layover or takes personal time to extend a business trip, the employee will be reimbursed for the actual cost of the transportation ticket or for the cost of a round trip regular coach airline ticket between their home and the business destination, whichever is less. A receipt for the transportation ticket must be provided.
2. Privately-Owned Vehicles. If the use of the privately-owned vehicle has been authorized, reimbursement shall be at a rate 25 cents a mile for both in-region and out-of-region travel. A mileage record, including odometer reading, must accompany reimbursement voucher. The total reimbursable amount for out-of-region travel shall not exceed the cost of a regular coach airline ticket to the same destination.
3. Lodging. Employees will be reimbursed for reasonable lodging while travelling on County business at a rate not to exceed the daily rate of a double room. A receipt for such lodging must accompany the reimbursement voucher.
4. Ground Transportation. Employees on travel status outside the region are encouraged to use the most economical means of ground transportation from the airport to the destination and return.
5. Meals. Employees will be reimbursed for reasonable and proper meal costs and reasonable gratuities while traveling on County business if such travel requires an overnight stay. Meals eaten before departure time or after return from a trip are not eligible for reimbursement. A receipt for such meals must accompany the reimbursement voucher.
6. Telephone Calls. A person travelling out of town on County business may be reimbursed for telephone calls of a reasonable number and duration to their home or office.
7. Other Out-Of-Pocket Expenses. A person travelling on County business may be reimbursed for other reasonable and necessary out-of-pocket expenses. A receipt must accompany the reimbursement voucher for any expense.
8. Travelling With Spouse (Family). In the case where an employee travelling on County business is accompanied by their spouse and/or other family member(s), that person is responsible for the transportation cost, lodging, and other expenses related to the spouse and other family members.
9. Reimbursement Vouchers. Reimbursement vouchers must be submitted to the Budget Director's Office within thirty (30) days after the employee returns from a trip. The reimbursement voucher must be signed, list each item of expense, and indicate the date and place related to the business travel.
10. Auto Rental. The County shall reimburse the rental cost of a midsize car for those days during which an employee is conducting official County business.