§ 31.26 COUNTY ROAD DEPARTMENT.
   (A)   Establishment of Department.
      (1)   There is hereby created and established a County Road Department consisting of a County Road Engineer/Supervisor and such other employees of said Department as may from time to time be provided for by the County Judge/Executive and Fiscal Court.
      (2)   The County Road Engineer/Supervisor shall be appointed by the County Judge/Executive with the consent of the Fiscal Court and shall serve for a period of two or four years unless removed in accordance with KRS 179.060.
      (3)   All appointments to the Road Department, and removals therefrom, shall be made in accordance with the provisions of this sections and the Kentucky Revised Statutes.
      (4)   The County Road Department shall possess such qualifications as set forth in KRS 179.020.
      (5)   If necessary, the County Judge/Executive may appoint a temporary supervisor for a period not to exceed three months in accordance with the provisions of KRS 179.020.
   (B)   Duties of the Road Engineer/Supervisor.
      (1)   The County Road Engineer/Supervisor shall be the head of the Road Department subject to the order and direction of the County Judge/Executive.
      (2)   The County Road Engineer/Supervisor shall keep such records and make such reports concerning the activities of his or her Department as may be required by statute, by the County Judge/Executive or by the County Fiscal Court.
      (3)   The County Road Engineer/Supervisor may issue such rules and regulations as are reasonable and necessary for the operation of the Road Department which are not inconsistent with the order of the County Judge/Executive or the County Road and Bridge Plan. Such orders shall have the same power and effect as an order of the County Judge/Executive unless disapproved by him or her.
      (4)   The County Road Engineer/Supervisor shall be responsible for the performance of the Road Department, of its function, and all persons who are employees of the Road Department shall be subject to the supervision and direction of the County Road Engineer/Supervisor.
      (5)   The County Road Engineer/Supervisor shall appear before the County Fiscal Court at each meeting and be prepared to respond to any reasonable inquiries concerning operation of the County Road Department or compliance with the County Road Plan.
      (6)   The County Road Engineer/Supervisor shall conduct and document prospective driver road tests for drivers of heavy vehicles in the Road Department, pursuant to motor carrier safety regulations.
   (C)   Road Department property.
      (1)   Equipment and materials for the Road Department shall be acquired in accordance with the provisions of this section.
      (2)   Employees of the Road Department shall be responsible for the good care of departmental equipment and property, whether fixed or movable, assigned to their use and keeping, and shall promptly report to their supervisor the loss or damage to or unserviceable condition of such property.
      (3)   All employees of the Road Department shall immediately report to their supervisor the loss of any departmental property or equipment that has been furnished to the individual.
   (D)   Right-of-way procurement.
      (1)   Prior to expending county road funds for materials not associated with the construction of projects along county roads, there will be an agreement among County Judge Executive, Magistrate of the involved district, and the County Road Supervisor.
      (2)   Any disagreements will be resolved by the County Fiscal Court prior to the construction or paying for any materials.
(Ord. 215, passed 2-1-1995; Ord. 304, passed 7-9-1998; Ord. 351, passed 9-19-2000)