(A) Regular meetings.
(1) Each administrative agency shall set a time and place for regular meetings of the governing body of the agency and such meetings shall be convenient to the public. A schedule of all regular meetings shall be made available.
(2) Each administrative agency shall prepare an agenda for each public meeting and make the agenda available to the public not less than two business days before each meeting.
(3) A majority of the members of the agency board shall constitute a quorum for the conduct of official business and no action or decision shall be made except upon concurrence of a majority of members present.
(4) A record of all motions and official actions taken by the agency shall be kept and a copy submitted to the County Judge/Executive and made available to the public.
(B) Special meetings.
(1) A special meeting of any administrative agency may be called by the County Judge/Executive or by a majority of the Fiscal Court.
(2) Written notice of a special meeting shall be given to each member at least 48 hours before the time set for the special meeting, unless all members are present at such meeting or enter a written waiver of notice in the record.
(3) Action at a special meeting shall be limited to the issues stated in the call.
(C) Procedures for appointment or removal of administrative personnel and members of boards and commissions.
(1) The Judge/Executive shall nominate qualified persons to serve in administrative positions and on boards and commissions and inform the Fiscal Court at a regular meeting of his or her intention to make an appointment. Generally, the nomination will be made, then the Fiscal Court will be asked to take action on the nomination at its next meeting. However, in some cases, the County Judge/Executive may request immediate action on a nomination. If the Fiscal Court does not act on the nomination within 30 days, said nomination shall be deemed approved by the Fiscal Court. A majority of those Fiscal Court members present at the time the vote is taken shall vote in favor of the nomination in order for it to be approved.
(2) No person shall be selected as a member of a board or commission or for an administrative position if such person holds or is employed in a position which is incompatible with the one for which he or she is nominated.
(3) When Fiscal Court approval of an appointment is not required by state law, the Judge/Executive shall make such appointment. Within ten days of making the appointment, the Judge/Executive shall notify the Fiscal Court in writing of the appointment. Such notice may be filed with the County Clerk.
(4) Before any administrative personnel, board, or commission member may be dismissed, such person shall be presented, in writing, with a list of reasons for the dismissal. A hearing shall be conducted by the Judge/Executive or his or her duly-appointed representative no sooner than 15, and no later than 30 days, after receipt of the reasons for dismissal. At such hearing, the person sought to be dismissed shall have an opportunity to make a statement on his or her behalf, to be represented by anyone of his or her choosing, to call witnesses and present evidence, and to question any witnesses which may testify against him or her. The Judge/Executive shall thereupon make a written recommendation to the Court which shall contain the facts upon which his or her determination is based. The Court shall, at its next regular meeting, after receipt of the report, vote whether or not to approve the dismissal. The majority of those Fiscal Court members present at the time the vote is taken may either affirm or reject the dismissal whereupon they shall issue a written opinion which shall contain the facts upon which the determination is made. The Fiscal Court’s decision shall be final and binding. Any administrative personnel, board, or commission member whose term of office expires shall not be considered to have been dismissed, therefore, this section does not apply to the expiration of a term.
(D) Procedures for organization/reorganization of county departments and agencies. Procedures for organization or reorganization of county departments and agencies shall follow the provisions of KRS 67.715.
(E) Appeals from administrative agencies.
(1) For the purpose of this division (E), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE AGENCY. Any agency, board, or commission, by whatever name known, which is under the direction, control, or responsibility to or financed, in part or in whole, by the Fiscal Court or the County Judge/Executive. This does not include county employees or elected officials and employees of their offices.
FORMAL DECISION. Any decision, order, or regulation by whatever name known which is denominated as such by an administrative agency or any other conclusive statement of rights of any person or persons unless it is appealed.
PERSONS AGGRIEVED. Any person who has a substantial legal interest which is adversely effected by a formal decision of an administrative agency.
(2) Unless otherwise provided for in this section, any person aggrieved by a formal decision of an administrative agency may appeal the decision to the Fiscal Court by filing a written notice of appeal within 20 days of the formal decision with the Fiscal Court.
(3) The Fiscal Court, upon receiving a notice of appeal from a person aggrieved by a formal decision of an administrative agency, may hold a hearing on the appeal or may hear the appeal directly.
(F) Procedures to assure county representation.
(1) Every independent board, commission, agency, or special district which has a vacancy shall notify the County Fiscal Court, through the Office of the County Judge/Executive.
(2) The Judge/Executive shall announce the vacancies, and vacancies shall be filled pursuant to law.
(3) The Judge/Executive or his or her designee shall meet with the governing body annually.
(Ord. 215, passed 2-1-1995)