Duties Of Elected County Officials - Kentucky

1 Duties Of Elected County Officials Informational Bulletin No. 114 Legislative Research Commission Frankfort, Kentucky August 2014 Duties Of Elected County Officials Informational Bulletin No. 114 (Revised 2014) Legislative Research Commission Frankfort, Kentucky Paid for with state funds. Available in alternative format by request. Legislative Research Commission Foreword Duties Of Elected County Officials i Foreword The past several years have been a time of significant change in County government in the United States, and Kentucky has been no exception. Counties across the country have been experiencing continued growth in population as well as an increasing demand for services, including some that counties have not traditionally supplied. The 1975 Judicial Amendment to the Constitution of Kentucky removed all judicial responsibilities from County government and its officers.

2 A 1977 ruling of the Kentucky Supreme Court on the County Home Rule Act and the General Assembly s subsequent amendment of that statute granted counties increased flexibility in handling their affairs and determining the services they would provide their citizens. Further, the interim joint committee with jurisdiction of local governments has worked in cooperation with several special commissions over the years in reviewing the structure of County government and proposing changes. These activities have had important effects on the activities and offices of County government. Virtually every County office has experienced change. Many traditional Duties have been altered, and many new Duties have been assumed. The purpose of this bulletin is to provide an overview of the Duties and responsibilities of County government and Elected County Officials across the commonwealth.

3 It is not intended to supplant the original version of the statutes. This revision incorporates the laws passed by the 2014 General Assembly. Marcia Ford Seiler Acting Director Legislative Research Commission Frankfort, Kentucky August 2014 Legislative Research Commission Contents Duties Of Elected County Officials iii Contents Chapter 1: Introduction ..1 Use Of This Publication ..1 Special Note: 2014 City Reclassification Omnibus Reform Elected County Officials ..2 The Judicial Amendment ..2 County Home Rule ..2 Sources Of Officials Power ..3 Required County Officials ..3 County Officials In Merged Governments ..4 Candidates For County Office ..4 Prohibitions Against Wrongdoing And Removal From Office.

4 5 Audits Of County Officials ..6 Code Of Ethics ..7 County Office Incompatibilities ..7 Vacancies ..8 Compensation ..8 Compensation For Certified Training ..10 Chapter 2: County Judge/Executive ..11 Background ..11 The Office Today ..11 Executive And Administrative Powers ..12 Financial Administration ..12 Uniform Financial Reporting ..13 Appointive Powers ..14 County Personnel ..14 Constraints On Political Considerations In The Appointment Of County Officials And Personnel.

5 16 Boards, Commissions, And Administrative Positions ..17 Tiebreaking In The Appointment Process ..17 County Alcoholic Beverage Administrator ..18 County Police Force ..18 Welfare Duties Of The County Judge/Executive ..18 County Jail And Prisoners ..18 Board Memberships ..19 Consolidated Local Government Boards ..19 Special Districts ..19 Water Districts ..19 Fire Metropolitan Sewer Districts ..20 Miscellaneous Executive Duties ..20 Marriages ..20 Taxes ..20 National Guard.

6 21 Contents Legislative Research Commission Duties Of Elected County Officials iv Deductions From County Attorney s Salary ..21 Oaths ..21 Election Duties ..21 Creation Of Commissioner Districts ..21 Striking Territory From The Land Condemnation For Road Purposes ..22 Thistle Control ..22 Places Of Entertainment ..22 Fireworks Display ..22 Legislative Functions ..22 Qualifications.

7 22 Salary ..23 Expense Allowance ..23 Vacancy ..23 Deputy County Judge/Executive ..23 Restrictions And Penalties ..24 Chapter 3: Justices Of The Peace, Magistrates, And County Commissioners: The Fiscal Court ..25 Background ..25 Urban- County Governments ..25 Consolidated Local Governments ..26 Justices Of The Peace/Magistrates ..26 Qualifications ..26 Election And Term ..26 Reapportionment ..27 Compensation.

8 27 County Commissioners ..28 Qualifications ..28 Election And Term ..28 Primary Elections ..28 General Elections ..29 Compensation ..29 Reapportionment ..29 Vacancy ..30 Fiscal Court ..30 Laws Governing The Fiscal Court ..30 General Powers And Duties ..30 Specific Powers Under County Home Rule Law.

9 31 County Fiscal Affairs ..32 County Budget ..32 County Treasury ..33 Bonding Authority ..33 Road Construction And Maintenance ..33 Planning And Zoning ..34 County Jail ..34 Legislative Research Commission Contents Duties Of Elected County Officials v Public Advocate ..34 Miscellaneous Powers ..35 Fiscal Court Meetings And Procedures.

10 36 Quorum ..36 Records And Documents ..36 Tie Votes ..36 County Fiscal Court Clerk ..37 County Administrative Code ..37 Limitations And Penalties ..38 Chapter 4: County Attorney ..41 Background And Qualifications ..41 Prosecutorial Duties ..41 Unified And Integrated Prosecutorial System ..42 County Legal Adviser.