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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 2007) Legislative Research Commission Frankfort, Kentucky lrc.ky.gov Paid for with state funds. Available in alternative form by request. 1 Legislative Research Commission Foreword Duties of Elected County Officials Foreword The past 30 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 increased demand for services, some of which have not traditionally been supplied by counties. In Kentucky, the 1975 Judicial Amendment to the Constitution removed all judicial responsibilities from county government and its officers. 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 own affairs and determining the services they would provide their citizens. Further, the Legislative Research Commission’s Interim Joint Committee on Local Government has worked with several special commissions during recent years to review the structure of county government and to propose changes. These activities have had important effects, with virtually every county office experiencing change. Many traditional duties have been altered and many new duties have been assumed. The purpose of this bulletin is to provide the reader with a broad overview of the duties and responsibilities of county government and elected county officials across the Commonwealth. It is not intended to supplant the original version of the statutes. This revision incorporates the laws passed by the 2006 General Assembly. Robert Sherman Director Legislative Research Commission Frankfort, Kentucky March 2007 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 Consolidated Local Government.................................................................2 Unified Local Government..........................................................................4 County Home Rule.......................................................................................4 Sources of Officials’ Power .........................................................................4 Required County Officials...........................................................................5 Candidates for County Office ......................................................................5 Prohibitions Against Wrongdoing and Removal From Office ....................6 Audits of County Officials...........................................................................7 Code of Ethics..............................................................................................8 County Offices Incompatible With State and Federal Offices.....................8 Vacancies .....................................................................................................9 Compensation ..............................................................................................9 Compensation for Certified Training.........................................................12 Chapter 2 County Judge/Executive ............................................................................13 Background…. ...........................................................................................13 The Office Today.......................................................................................13 Executive and Administrative Powers.......................................................14 Financial Administration...........................................................................14 Uniform Financial Reporting.........................................................16 Appointive Powers.....................................................................................16 County Personnel...........................................................................16 Constraints on Political Considerations in the Appointment of County Officials and Personnel ..................16 Boards, Commissions, and Administrative Positions....................17 Tiebreaking in the Appointment Process.......................................18 County Alcoholic Beverage Administrator................................................20 County Police Force...................................................................................20 Welfare Duties of the County Judge/Executive.........................................20 County Jail and Prisoners...........................................................................20 Board Memberships...................................................................................21 Consolidated Local Government Boards ...................................................21 Special Districts.........................................................................................21 Water Districts...............................................................................21 Fire Districts...................................................................................22 Metropolitan Sewer Districts.........................................................22 Miscellaneous Executive Duties................................................................22 Marriages .......................................................................................22 Taxes…..........................................................................................22 National Guard...............................................................................23 iii Contents Legislative Research Commission Duties of Elected County Officals Deductions From County Attorney’s Salary..................................23 Oaths… ..........................................................................................23 Election Duties...............................................................................23 Creation of Commissioner Districts...............................................23 Striking Territory From the County ...............................................24 Land Condemnation for Road Purposes ........................................24 Thistle Control...............................................................................24 Places of Entertainment.................................................................24 Fireworks Display..........................................................................24 Other Duties...................................................................................24 Legislative Functions .................................................................................24 Qualifications.............................................................................................25 Salary .........................................................................................................25 Expense Allowance....................................................................................25 Vacancies ...................................................................................................25 Deputy County Judge/Executive................................................................26 Restrictions and Penalties ..........................................................................26 Chapter 3 Justices of the Peace, Magistrates, and County Commissioners: The Fiscal Court......................................................................................29 Background…. ...........................................................................................29 Urban-county Governments.......................................................................29 Consolidated Local Governments..............................................................29 Justices of the Peace/Magistrates...............................................................30 Qualifications.................................................................................30 Election and Term..........................................................................30 Reapportionment............................................................................30 Compensation ................................................................................31 County Commissioners..............................................................................32 Qualifications.................................................................................32 Election and Term..........................................................................32 Primary Elections...............................................................32 General Elections...............................................................33 Compensation ................................................................................33 Reapportionment............................................................................33 Vacancy..........................................................................................34 Fiscal Court……........................................................................................34
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