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Request By:

Hon. Paul Herron, Jr.
Henderson County Judge/Executive
Henderson County Courthouse
Henderson, Kentucky 42420
Re: Whether County Judge/Executive May Override Ordinance Fixing Dates for Regular Meetings of Fiscal Court. AGO Corr. No. 93-(O)-285.

Opinion

Opinion By: Chris Gorman, Attorney General; Gerard R. Gerhard, Assistant Attorney General

By letter of February 22, 1993, you ask whether, in view of Kentucky Revised Statutes (KRS) 67.090(2), the county judge/executive has authority to override an ordinance fixing the dates for commencement of the regular term of fiscal court.

In our view the answer is yes. The county judge/executive, in exercising authority pursuant to KRS 67.090(2), may effectively override an ordinance fixing the dates of the regular term meetings of the fiscal court. Discussion follows.

Accompanying your letter was a copy of page 3 of what is apparently a compilation of Henderson County Ordinances. Section 30.02, as it appears on that page, indicates, in substance and in part, that regular meetings of the fiscal court shall begin at 9:30 a.m., and that the regular session shall be on the first four Tuesdays of each month, except when a holiday conflicts.

As contrasted with the local ordinance, KRS 67.090(2) vests in the county judge/executive the authority to fix, by order of record, the dates for commencement of the monthly regular terms (meetings) of the fiscal court.

A fiscal court's enactment of ordinances is governed generally by KRS 67.083(6). That statute provides, in part, that if a county is authorized to regulate an area which the state also regulates, county government may regulate the area only by enacting ordinances which are consistent with state law. Taking KRS 67.090(2) as authority for the county - here specifically the county judge/executive - to regulate the fixing of fiscal court regular term meeting dates, the ordinance is inconsistent with KRS 67.090(2), since the ordinance effectively vests in the fiscal court, rather than the county judge/executive, the authority for fixing such dates.

We believe the ordinance, as inconsistent with a state statute, is a nullity. KRS 67.083(6). Accordingly, as county judge/executive, you may fix the dates for the commencement of the regular terms despite the ordinance in question. KRS 67.090(2).

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1993 Ky. AG LEXIS 60
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