(A) Composition of the Court. Section 144 of the Constitution of the commonwealth requires each county to have a Fiscal Court which serves as the county’s legislative body. This Court consists of the County Judge/Executive and the county’s Justices of the Peace (commonly called Magistrates). Magistrates are elected by districts as prescribed by the commonwealth’s Constitution and statutes.
(B) Presiding. The County Judge/Executive shall preside if present. A majority of Magistrates shall elect one of their number to preside during the absence or inability of the County Judge/Executive to preside.
(C) Responsibilities. The responsibilities of the Fiscal Court shall include, but are not limited to the provisions in KRS 67.080 and 67.083.
(D) Compensation.
(1) Not later than the first Monday in May in the year they are elected, the Fiscal Court members shall set their compensation. The salary shall be subject to the limitations as outlined by the Constitution and the Kentucky Revised Statutes. This compensation shall be fixed for the term of the Fiscal Court members.
(2)
The salary may be reset each year by Fiscal Court at a rate no greater than that computed each year by the Finance and Administration Cabinet based upon the increase or decrease in the consumer price index as determined by KRS 64.527. Any year in which the County Judge/Executive receives a consumer price index salary increase, the Magistrates are eligible to receive the same consumer price index salary increase to be effective in July of the fiscal year following the County Judge/Executive’s increase.
(3) Each member of Fiscal Court shall be entitled to an expense account as provided by statutes of the commonwealth.
(E) Fiscal Court terms.
(1) Regular meetings of the County Fiscal Court shall be held consistent with KRS 67.090.
(2) Provided, however, that if the regular meeting day or date falls on a legal holiday, the Court shall determine the date and time of meeting with notice.
(3) All meetings of members of the Fiscal Court at which any public business is discussed or any action taken shall be open to the public at all times except as otherwise permitted by KRS 61.810.
(4) The County Judge/Executive or a majority of the members of County Fiscal Court may call a special meeting of Fiscal Court pursuant to Kentucky Revised Statutes for the purpose of transacting any business over which Fiscal Court has jurisdiction. Whenever practicable, 24-hour written notice shall be provided to each member and to each local newspaper of general circulation, each news service, and each local radio or television station which has on file with the Fiscal Court, a written request to be notified of special meetings.
(5) If time does not permit giving 24-hour notice, then notice that is reasonable under the circumstances and calculated to inform the members of County Fiscal Court and the general public shall be sufficient.
(6) Action at a special meeting shall be limited to the issues stated in the call.
(F) Quorum.
(1) Not less than a majority of the members of the Fiscal Court shall constitute a quorum for the transaction of business.
(2) No proposition shall be adopted except with the concurrence of at least a majority of the members present.
(G) Order of business.
(1) At each meeting of the Fiscal Court, the following regular order of business shall be observed unless dispensed by a two-third majority vote of the members present:
(a) Call to order by the County Judge/Executive;
(b) Roll call by the Fiscal Court Clerk; and
(c) The orders of the day will be followed.
(2) The County Judge/Executive shall prepare an “orders of the day” for each Fiscal Court meeting and furnish the County Attorney and each Magistrate with a copy along with a copy of all paperwork pertaining to any item on the orders at least 24 hours prior to the beginning of any regular Fiscal Court meeting and at least eight hours prior to the beginning of any special Fiscal Court meeting.
(3) Notwithstanding the requirements of division (G)(1)(c) above to follow the day’s orders, any elected county official may address the Fiscal Court upon any matter which comes before it affecting the operation of that office. Notice requirements shall be the same as those listed in division (G)(2) above for the affected officeholder.
(4) The County Judge/Executive shall prepare an itemized list of all bills and claims for Fiscal Court approval. Originals will be available for inspection at regular office hours in the County Judge/Executive office suite.
(5) No bill shall be approved for payment unless contained in the itemized list.
(H) Fiscal Court records and minutes.
(1) The Clerk of the Fiscal Court shall attend all meetings of the Fiscal Court and keep a record of all proceedings. In the event the Clerk of the Fiscal Court is unable to attend due to illness or other emergency, the Fiscal Court appointed Deputy shall serve for a period not to exceed 90 days in length.
(2) The Clerk of the Fiscal Court shall keep an index of all Fiscal Court records and make such index and records available for public inspection in accordance with KRS 61.870 and 61.884.
(3) The Fiscal Court is a court of record. Minutes of the proceedings of each meeting shall be prepared and submitted for approval at the next succeeding meeting.
(4) Every official action of the Fiscal Court shall be made a part of the permanent records of the county.
(5) The county budget ordinance shall be indexed so that each index list covers one fiscal year, and shall be listed in such index no later than 30 days after passage and any required approval.
(6) County ordinances other than the county budget ordinance shall be indexed in a composite index as all county ordinances in force, and shall be listed in the index no later than 30 days after passage and any required approval.
(7) A copy of all records required by this section shall be kept in the office of the County Clerk.
(I) Voting.
(1) Unless otherwise provided by statute, a majority of the Fiscal Court shall constitute a quorum and a majority vote by the Fiscal Court members present shall be required to pass an ordinance. No meeting shall be held by the Fiscal Court without notice to all members thereof.
(2) When there is a tie vote in the Fiscal Court, with deadlock results and it continues for 15 days or longer, the County Judge/Executive shall cause to be entered upon the minutes of the Fiscal Court an order reciting the facts as to the deadlock, and the question upon which it has occurred and exists, and thereof, the County Judge/Executive shall break the tie by his or her vote.
(J) Rules of order.
(1) Except when in conflict with the foregoing provisions, Robert’s Rules of Order shall govern the deliberations of the Fiscal Court.
(2) The presiding officer shall follow the spirit of Robert’s Rules in a fair and even-handed manner to speed along the proceedings.
(3) The following is the Forward to Robert’s Rules of Orders Revised.
From Foreword to Robert’s Rules of Order Revised... “...The rules within these pages make up the most widely accepted guide to fair and orderly meetings. They are applicable within the framework of any political belief and within the structure of any club, organization, or meeting that must transact business. Parliamentary procedure, properly used, provides the means whereby the affairs of an organization or club can be controlled by the general will within the whole membership, the “general will”, in this sense, does not always imply even near unanimity or “consensus” but rather the right of the deliberate majority to decide. Complementary to this right is the right of the minority - at least a strong minority - to require the majority to be deliberate - that is, to act according to its considered judgment after a full and fair “working through” of the issues involved”. (Pg., Robert’s Rules of Order, most recent edition) Further, “...there should always be flexibility as to the strictness of application of the rules - dependent on the particular situation and the members’ knowledge of parliamentary procedure.” (Pg vi, Robert’s Rules of Order, most recent edition) |
(4) Division (G) above notwithstanding, any elected official who is present may address the Court in a peaceful and orderly manner so long as he or she receives recognition from the presiding officer and so long as his or her comments are germane to the order item at hand.
(K) Ordinances, orders, and resolutions.
(1) An ORDINANCE means a general act of the Fiscal Court enforceable by law or an appropriation of money; all other acts or orders are resolutions.
(2) All ordinances shall relate to one subject only; and contain a title which expresses the following subject: “An Ordinance relating to...”
(3) County ordinances shall be amended by ordinance and only by setting out each amended section.
(4) No county ordinance shall be passed until it has been read on two separate days, but ordinances may be read by title and a summary only.
(5) No county ordinance shall be passed until it has been published pursuant to KRS Ch. 424. Prior to passage, ordinances may be published by summary. Publication shall include the time, date, and place at which the county ordinance will be considered, and a place within the county where a copy of the full text of the proposed ordinance is available for public inspection. In the event consideration for passage is continued from the initial meeting to a subsequent date, no further publication is necessary; provided, that at each meeting the time, date, and place of the next meeting is announced.
(6) All county ordinances and amendments shall be published after passage and may be published in full or in summary form at the discretion of the Fiscal Court.
(7) Traffic, building, housing, plumbing, electrical, safety, and other self-contained codes may be adopted by reference if a copy of the code is kept with the adopting ordinance and is made a part of the permanent records of the county.
(8) County ordinances other than the budget ordinance shall be indexed in a composite index of all current county ordinances and placed in a three-ring binder according to the Kentucky Ordinance Code Topical Numbering System. Each ordinance shall be listed in the index by date and title no later than 30 days after passage and any required approval.
(L) Administrative code. The Fiscal Court shall adopt a county administrative code pursuant to KRS 68.005(2) which includes, but is not limited to, procedures and designation of responsibility for the following:
(1) General administration of the Office of County Judge/Executive, county administrative agencies, and public authorities;
(2) Administration of county fiscal affairs;
(3) Personnel administration;
(4) County purchasing and award of contracts; and
(5) Delivery of county services.
(Ord. 215, passed 2-1-1995; Ord. 684, passed 9-19-2023)