Fayette County Fiscal Court


 

County Judge-Executive- Thomas Dupree, Jr.

District 1 Commissioner- Robert Pattie

District 2 Commissioner- Doug Rigsby

District 3 Commissioner- Rick Meadows

 

Meeting Dates

June 8, 2017 at 1:30 pm- Regular Meeting, 101 E. Vine St., 4th Floor Conference Room

 

Agenda Packets

June 8, 2017 

Local Board of Tax Appeals Hearings

Notice of Tax Appeal Hearings

June 13-June 21, 2017

 

 

Sec. 11.01. - County Judge.

Nothing in this Charter shall be construed to alter or affect the election, term or compensation of the County Judge; nor shall any provision of this Charter be construed to alter or affect the judicial powers, duties and responsibilities of the County Judge as prescribed by the Constitution and laws of the Commonwealth of Kentucky. The County Judge is hereby recognized as an officer of the Merged Government in the exercise of his judicial functions, having the same relationship to the Merged Government in the performance of said functions as previously existed between the County Judge and the County of Fayette.

The term "judicial powers" shall be construed to include all those powers and functions generally held to be judicial in nature that accrue to the County Judge as Judge of the County Court and Judge of the Quarterly Court, including the power to appoint all officers of said Courts as prescribed by law.

In addition to the aforementioned judicial powers, the County Judge shall retain:

(1) The power to fill vacancies in the office of Sheriff, Coroner, Surveyor, County Clerk, County Attorney, Jailer and Property Valuation Administrator in accordance with the provision of KRS 63.220;

(2) The power to appoint a three (3) member Board of Supervisors in accordance with the terms and provisions of KRS 133.020;

(3) Such powers over the organization and conduct of elections as the County Judge may be assigned under the laws of the Commonwealth of Kentucky; and

(4) The right to serve on the County Budget Commission in accordance with the provisions of KRS 68.230.

Annotation— The county judge no longer retains any judicial powers following the adoption and implementation of Kentucky Constitution Sections 109-124, effective January 1, 1976. The title of the position is now county judge/executive pursuant to KRS 67.700 et seq. See note at Section 7.06 relating to the board of assessment appeals and note at Section 7.05 relating to budget commissions.

Sec. 11.02. - Fiscal Court.

Nothing in this Charter shall be construed to alter or affect the election or term of members of the County Fiscal Court.

A. Composition—The County Fiscal Court shall be composed of the Judge of the County Court and three (3) Commissioners to be elected from the Urban County at-large in accordance with the Constitution and laws of Kentucky pertaining to the election of said officers.

B. Compensation of Fiscal Court Commissioners—Fiscal Court Commissioners shall receive no compensation for their services.

C. Powers—The Fiscal Court shall retain:

(1) Its powers to levy the ad valorem tax and such other taxes as may be provided by law for public schools as specified by the Fayette County School District; and

(2) Its powers under KRS 179.420 to advise the Kentucky Department of Highways concerning the construction and maintenance of roads to be funded under the State Rural Secondary Highway Fund and the State Rural Highway Fund; and

(3) Its power to appoint one (1) person to serve along with the County Judge and the County Attorney on the County Budget Commission.

The Fiscal Court is hereby deprived of the power to levy taxes other than those specifically mentioned in this section, to approve or disapprove local acts or otherwise administer the governmental affairs of the Merged Government. Said powers are hereby transferred to the Urban County Government. Annotation— Subsection B requiring members of the fiscal court to serve without compensation is invalid. Holsclaw v. Stephens, supra, at 481, note 2. The salary of the members is set by Code of Ordinances Section 22-5. Subsection C(1) has been effectively amended by the provision of KRS 160.460 providing for the levy of all school taxes by the board of education of each school district. Subsection C(2) was addressed in OAG 77-754, wherein it was held that inasmuch as KRS 179.420 actually applied to the county road program rather than the secondary and rural road program, that Charter Section 11.02(C)(2) should be read to apply to the county road program. Subsequently, KRS 179.420 was repealed and KRS 179.415 was enacted by the 1980 General Assembly. The fiscal court and council annually enter into an agreement deciding how the county road aid program monies are to be used on county roads and bridges in Fayette County. See note at Section 7.05 with respect to the county budget commission.