TO BE PUBLISHED
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).
Gerard R. Gerhard
Assistant Attorney General