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Duties of Elected County Officials

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Duties of Elected County Officials Duties of Elected County Officials Informational Bulletin No. 114 Revised July 2020 Kentucky Legislative Research Commission SENATE HOUSE Robert Stivers David W. Osborne President, LRC Co-Chair Speaker, LRC Co-Chair David P. Givens David Meade President Pro Tempore Speaker Pro Tempore Damon Thayer John Bam Carney Majority Floor Leader Majority Floor Leader Morgan McGarvey Joni L. Jenkins Minority Floor Leader Minority Floor Leader Julie Raque Adams Suzanne Miles Majority Caucus Chair Majority Caucus Chair Johnny Ray Turner Derrick Graham Minority Caucus Chair Minority Caucus Chair Mike Wilson Chad McCoy Majority Whip Majority Whip Dennis Parrett Angie Hatton Minority Whip Minority Whip Jay D. Hartz, Director The Kentucky Legislative Research Commission is a 16-member committee that comprises the majority and minority leadership of the Kentucky Senate and House of Representatives. Under Chapter 7 of the Kentucky Revised Statutes, the Commission constitutes the administrative office for the Kentucky General Assembly. Its director serves as chief administrative officer of the legislature when it is not in session. The Commission and its staff, by law and by practice, perform numerous fact-finding and service functions for members of the General Assembly. The Commission provides professional, clerical, and other employees required by legislators when the General Assembly is in session and during the interim period between sessions. These employees, in turn, assist committees and individual members in preparing legislation. Other services include conducting studies and investigations, organizing and staffing committee meetings and public hearings, maintaining official legislative records and other reference materials, furnishing information about the legislature to the public, compiling and publishing administrative regulations, administering a legislative intern program, conducting a presession orientation conference for legislators, and publishing a daily index of legislative activity during sessions of the General Assembly. The Commission also is responsible for statute revision; publication and distribution of the Acts and Journals following sessions of the General Assembly; and maintenance of furnishings, equipment, and supplies for the legislature. The Commission functions as Kentucky’s Commission on Interstate Cooperation in carrying out the program of The Council of State Governments as it relates to Kentucky. Duties Of Elected County Officials Informational Bulletin No. 114 (Revised July 2020) Legislative Research Commission Frankfort, Kentucky legislature.ky.gov Paid for with state funds. Available in alternative format by request. Legislative Research Commission Foreword Duties Of Elected County Officials Foreword Every year, 138 Kentucky public servants travel to Frankfort to fulfill their legislative duties. But on the floor of the Kentucky House of Representatives and Kentucky Senate, these legislators are seldom referred to by name. Rather, they may be referred to as “the lady from Jefferson,” “the gentleman from Trigg,” or “the Senator from Pike.” Kentucky is a commonwealth of counties, representing the cornucopia of locales that can be found across our 39,486 square miles. Kentuckians identify themselves by county, and often trace their lineage within that county by generations. A connection to county is part of what makes Kentucky a special place to live. The Jeffersonian principle that the government closest to the people serves the people best is put to the test every day in Kentucky’s 120 counties. 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. The General Assembly’s Interim Joint Committee on Local Government 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 Legislative Research Commission publishes this, one of our longest-standing informational bulletins, as a resource for county government and elected county officials. It is, of course, not intended to supplant the original version of the statutes, but rather provides a convenient reference that describes the duties and responsibilities of county government. This update incorporates laws passed by the 2020 General Assembly. The Legislative Research Commission continues to serve as a resource and partner to county government agencies throughout the commonwealth. We welcome your feedback and look forward to working with you in the future. Jay D. Hartz Director Legislative Research Commission Frankfort, Kentucky July 2020 i Legislative Research Commission Contents Duties Of Elected County Officials Contents Chapter 1: Introduction .................................................................................................................1 Use Of This Publication ..............................................................................................1 Elected County Officials .............................................................................................2 The Judicial Amendment ............................................................................................2 County Home Rule .....................................................................................................2 Sources Of Officials’ Power .......................................................................................2 Required County Officials ..........................................................................................3 County Officials In Merged Governments .................................................................3 Candidates For County Office ....................................................................................4 Prohibitions Against Wrongdoing And Removal From Office ..................................5 Audits Of County Officials .........................................................................................6 Code Of Ethics ............................................................................................................7 County Office Incompatibilities .................................................................................7 Vacancies ....................................................................................................................7 Compensation .............................................................................................................8 Compensation For Certified Training .......................................................................10 Chapter 2: County Judge/Executive ...........................................................................................11 Background ...............................................................................................................11 The Office Today ......................................................................................................11 Executive And Administrative Powers .....................................................................11 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 ................................................................................16 Boards, Commissions, And Administrative Positions ..................................17 Tiebreaking In The Appointment Process ....................................................17 County Alcoholic Beverage Administrator ..............................................................17 County Police Force ..................................................................................................17 Welfare Duties Of The County Judge/Executive ......................................................18 County Jail And Prisoners ........................................................................................18 Board Memberships ..................................................................................................18 Consolidated Local Government Boards ..................................................................19 Special Districts ........................................................................................................19 Water Districts ..............................................................................................19 Fire Districts..................................................................................................19 Metropolitan Sewer Districts ........................................................................19 Miscellaneous Executive Duties ...............................................................................20 Marriages ......................................................................................................20
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