Request By:
Jeff D. Jacob
Fayette County Constable
District # 1
Opinion
Opinion By: ANDY BESHEAR, ATTORNEY GENERAL; Sam Flynn, Assistant Attorney General
Statutes construed : KRS 67.080; KRS 67A.060; KRS 304.39-080.
OAGs cited : OAG 65-881; OAG 77-192; OAG 83-249; OAG 91-175; OAG 95-11; OAG 17-023; OAG 17-025.
Opinion of the Attorney General
Constable Jeff D. Jacobs has requested an opinion of this office as to whether the Lexington-Fayette Urban County Government ("LFUCG") may self-insure vehicles, and if so, whether vehicles leased or owned by the Office of the Constable are covered under such insurance. We believe that. LFUCG may self-insure vehicles, but is not required to insure constables' vehicles.
First, we address whether the LFUCG may self-insure vehicles under KRS 304.39-080. We find that LFUCG may do so. As the legislative body of an urban-county government under KRS Chapter 67A, "...LFUCG Council exercises the powers delegated to fiscal courts under Kentucky law." See OAG 17-023, at 3 (citing KRS 67A.060(1). Kentucky law generally vests the power to control county property in the fiscal court. Id. (citing KRS 67.080(2)(b) (providing that the fiscal court has the authority to "cause the construction, operation and maintenance of all county buildings and other structures.")). This Office has previously opined that "[i]t is up to the fiscal court to regulate and control the fiscal affairs and property of the county." OAG-17-023 (citing OAG 77-192).
The language of KRS 304.39-080(3) provides that such political subdivisions, like LFUCG, may self-insure vehicles via-contract of insurance or by qualifying as a self-insurer, stating:
This Commonwealth, its political subdivisions, municipal corporations, and public agencies may continuously provide, pursuant to subsection (6) of this section, security for the payment of basic reparation benefits in accordance with this subtitle for injury arising from maintenance or use of motor vehicles owned by those entities and operated with their permission.
Based on this clear statutory language, we find the LFUCG may, in its discretion, self-insure motor vehicles under KRS 304.39-080(3). LFUCG has adopted a self-insurance policy covering persons "who are in a direct line of supervision to the Mayor and/ or Council."
Next, we address whether the LFUCG is required to cover Constables' vehicles under KRS 304-39.080. We find that LFUCG is not required to cover constables' motor vehicles under KRS 304.39-080(3). When a county constitution-al officer purchases property for his or her office from fee revenues, that property becomes the property of the county. See OAG 83-249; OAG 65-881. With respect to vehicles, this office specifically opined that the titles to vehicles purchased by the Fayette County Sheriff should remain in the urban county government. OAG 83-249. Thus, any vehicle purchased by the office of constable is ultimately the property of LFUCG.
While Constable Jacob asserts that LFUCG is required to provide insurance on his vehicles because the vehicles are ultimately the property of the county, this Office has recognized that a fiscal court is not required to supply or pay for the cost of an office for the constable. OAG 17-025 at 3 (internal citations omitted). Instead, "...absent express statutory direction that a constable be furnished with specified resources...the allocation of county funds to provide a constable with an office and equipment is a decision that lies within the discretion of the fiscal court. Id. (quoting OAG 95-11).
With respect to insurance, a county is only required to carry insurance on constables where expressly required to do so by statute . OAG 95-11. The plain language of the KRS 304.39-080(3) does not expressly mandate LFUCG to insure vehicles owned and operated by the office of the constable. Thus, LFUCG is not required to self-insure those vehicles under KRS 304.39-080(3) , but may do so in its discretion.
Accordingly, we find LFUCG is not required to provide insurance for constables' motor vehicles pursuant to OAG 95-11.