TO BE PUBLISHED















OAG 93-22


March 10, 1993






Hon. Paul Herron, Jr.

Henderson County Judge/Executive

Henderson County Courthouse

Henderson, Kentucky 42420



Re: Whether County Judge/Executive May Override

Ordinance Fixing Dates for Regular Meetings

of Fiscal Court. AGO Corr. No. 93-(O)-285.

Dear Judge Herron:

By letter of February 22, 1993, you ask whether, in view of Kentucky Revised Statutes (KRS) 67.090(2), the county judge/executive has authority to override an ordinance fixing the dates for commencement of the regular term of fiscal court.

In our view the answer is yes. The county judge/executive, in exercising authority pursuant to KRS 67.090(2), may effectively override an ordinance fixing the dates of the regular term meetings of the fiscal court. Discussion follows.

Accompanying your letter was a copy of page 3 of what is apparently a compilation of Henderson County Ordinances. Section 30.02, as it appears on that page, indicates, in substance and in part, that regular meetings of the fiscal court shall begin at 9:30 a.m., and that the regular session shall be on the first four Tuesdays of each month, except when a holiday conflicts.

As contrasted with the local ordinance, KRS 67.090(2) vests in the county judge/executive the authority to fix, by order of record, the dates for commencement of the monthly regular terms (meetings) of the fiscal court.

A fiscal court's enactment of ordinances is governed generally by KRS 67.083(6). That statute provides, in part, that if a county is authorized to regulate an area which the state also regulates, county government may regulate the area only by enacting ordinances which are consistent with state law. Taking KRS 67.090(2) as authority for the county - here specifically the county judge/executive - to regulate the fixing of fiscal court regular term meeting dates, the ordinance is inconsistent with KRS 67.090(2), since the ordinance effectively vests in the fiscal court, rather than the county judge/executive, the authority for fixing such dates.

We believe the ordinance, as inconsistent with a state statute, is a nullity. KRS 67.083(6). Accordingly, as county judge/executive, you may fix the dates for the commencement of the regular terms despite the ordinance in question. KRS 67.090(2).

Sincerely,

CHRIS GORMAN

ATTORNEY GENERAL





Gerard R. Gerhard

Assistant Attorney General

(502) 564-7600

GRG:par