Duties Of Elected County Officials - Kentucky

Duties Of Elected County Officials Informational Bulletin No. 114 Legislative Research Commission Frankfort, Kentucky August 2014

Duties Of Elected County Officials Informational Bulletin No. 114 (Revised 2014) Legislative Research Commission Frankfort, Kentucky lrc.ky.gov Paid for with state funds. Available in alternative format by request.

Legislative Research Commission Duties Of Elected County Officials Foreword Foreword The past several years have been a time of significant change in county government in the United States, and Kentucky has been no exception. Counties across the country have been experiencing continued growth in population as well as an increasing demand for services, including some that counties have not traditionally supplied. The 1975 Judicial Amendment to the Constitution of Kentucky removed all judicial responsibilities from county government and its officers. A 1977 ruling of the Kentucky Supreme Court on the County Home Rule Act and the General Assembly’s subsequent amendment of that statute granted counties increased flexibility in handling their affairs and determining the services they would provide their citizens. Further, the interim joint committee with jurisdiction of local governments has worked in cooperation with several special commissions over the years in reviewing the structure of county government and proposing changes. These activities have had important effects on the activities and offices of county government. Virtually every county office has experienced change. Many traditional duties have been altered, and many new duties have been assumed. The purpose of this bulletin is to provide an overview of the duties and responsibilities of county government and elected county officials across the commonwealth. It is not intended to supplant the original version of the statutes. This revision incorporates the laws passed by the 2014 General Assembly. Marcia Ford Seiler Acting Director Legislative Research Commission Frankfort, Kentucky August 2014 i

Legislative Research Commission Duties Of Elected County Officials Contents Contents Chapter 1: Introduction .1 Use Of This Publication .1 Special Note: 2014 City Reclassification Omnibus Reform Bill.1 Elected County Officials .2 The Judicial Amendment .2 County Home Rule .2 Sources Of Officials’ Power .3 Required County Officials .3 County Officials In Merged Governments .4 Candidates For County Office .4 Prohibitions Against Wrongdoing And Removal From Office .5 Audits Of County Officials .6 Code Of Ethics .7 County Office Incompatibilities .7 Vacancies .8 Compensation .8 Compensation For Certified Training .10 Chapter 2: County Judge/Executive .11 Background .11 The Office Today .11 Executive And Administrative Powers .12 Financial Administration .12 Uniform Financial Reporting .13 Appointive Powers .14 County Personnel .14 Constraints On Political Considerations In The Appointment Of County Officials And Personnel .16 Boards, Commissions, And Administrative Positions .17 Tiebreaking In The Appointment Process .17 County Alcoholic Beverage Administrator .18 County Police Force .18 Welfare Duties Of The County Judge/Executive.18 County Jail And Prisoners .18 Board Memberships .19 Consolidated Local Government Boards .19 Special Districts .19 Water Districts .19 Fire Districts.19 Metropolitan Sewer Districts .20 Miscellaneous Executive Duties .20 Marriages .20 Taxes .20 National Guard .21 iii

Contents Legislative Research Commission Duties Of Elected County Officials Deductions From County Attorney’s Salary.21 Oaths .21 Election Duties .21 Creation Of Commissioner Districts .21 Striking Territory From The County.21 Land Condemnation For Road Purposes .22 Thistle Control .22 Places Of Entertainment .22 Fireworks Display .22 Legislative Functions .22 Qualifications .22 Salary .23 Expense Allowance .23 Vacancy.23 Deputy County Judge/Executive.23 Restrictions And Penalties .24 Chapter 3: Justices Of The Peace, Magistrates, And County Commissioners: The Fiscal Court .25 Background .25 Urban-County Governments .25 Consolidated Local Governments .26 Justices Of The Peace/Magistrates.26 Qualifications .26 Election And Term .26 Reapportionment .27 Compensation .27 County Commissioners .28 Qualifications .28 Election And Term .28 Primary Elections .28 General Elections .29 Compensation .29 Reapportionment .29 Vacancy.30 Fiscal Court .30 Laws Governing The Fiscal Court .30 General Powers And Duties .30 Specific Powers Under County Home Rule Law .31 County Fiscal Affairs .32 County Budget .32 County Treasury.33 Bonding Authority .33 Road Construction And Maintenance .33 Planning And Zoning .34 County Jail .34 iv

Legislative Research Commission Duties Of Elected County Officials Contents Public Advocate .34 Miscellaneous Powers .35 Fiscal Court Meetings And Procedures .36 Quorum .36 Records And Documents .36 Tie Votes .36 County Ordinances.37 Fiscal Court Clerk .37 County Administrative Code .37 Limitations And Penalties .38 Chapter 4: County Attorney .41 Background And Qualifications .41 Prosecutorial Duties .41 Unified And Integrated Prosecutorial System .42 County Legal Adviser .42 Fiscal Duties For County .43 Miscellaneous Duties .43 Duties For State Agencies .45 Department Of Revenue .45 Transportation Cabinet.46 State Property And Buildings Commission .46 Cabinet For Health And Family Services .46 Education And Workforce Development Cabinet .47 Board Of Podiatry .47 Department of Kentucky State Police .47 Kentucky Board Of Education .47 Department For Natural Resources .48 Energy And Environment Cabinet .48 Department Of Fish And Wildlife Resources .48 Department Of Agriculture .48 Workers’ Compensation Board.48 Consumer Protection, Office Of The Attorney General .49 Department Of Housing, Buildings And Construction .49 Miscellaneous State Duties .49 Compensation .50 Expense Allowances And Office Expenses .50 Budget .51 Assistants And Staff.51 Vacancy.51 Penalties And Restrictions .52 Chapter 5: County Clerk .53 Fiscal Court Clerk .53 Notary Power .53 State Licensing .53 v

Contents Legislative Research Commission Duties Of Elected County Officials County Licensing .54 Recording And Keeping Permanent Records Of Legal Instruments .55 Registration And Election Responsibilities .56 County Board Of Elections .56 Voter Registration .57 Verification Of Application .57 Transfer Of Registration .58 Copying Registration Records .58 Election Duties For Constitutional Amendments .58 Election Duties For Election Of Judges .58 City Election Duties .59 Primary Elections .59 Regular Elections .60 Voting Machines .61 Paper Ballots .63 Oaths Of Challenged Voters .64 Absentee Ballots And Early Voting .64 Retention Of Election Records And Materials .65 Grand Jury Materials.65 Tax Duties .66 Reports To The Property Valuation Administrator .66 Preparation Of Tax Bills .66 Clerk Of The County Board Of Assessment Appeals .66 Clerk’s Recapitulation .67 Tax Collection Duties .67 Miscellaneous Duties .68 Qualifications .70 Compensation .70 More Than 70,000 Population .70 Less Than 70,000 Population.71 Fees .71 Fee Pooling .72 Expense Allowance .73 Office Administration .73 Deputies And Office Expenses .73 Health Insurance For Deputies.73 Liability For Deputies .74 Branch Offices .74 Vacancy.74 Penalties .74 Chapter 6: Property Valuation Administrator .77 Elections And Qualifications .77 Powers And Duties .78 Taxable Property .78 Assessment Levels .79 Listing Of Property And Valuation.80 vi

Legislative Research Commission Duties Of Elected County Officials Contents Motor Vehicle Tax .81 Timberland Assessment .82 Fire Protection District Assessment .82 Mobile Homes And Recreational Vehicles.82 Estimate Of Assessed Valuation .82 County Clerk’s Duties With Regard To Tax Assessment .82 Tax Rolls .82 City Use Of County Assessment.84 Appeals To The County Board Of Assessment Appeals .84 Compensation .85 Expense Allowance And Training Requirement .87 Retirement And Insurance Benefits .87 Annual And Compensatory Time .87 Funding Of Office And Office Administration .87 Financial Control And Audits .89 Deputies .89 Office Hours And Space .90 Vacancy.90 Penalties And Removal From Office .90 Chapter 7: Sheriff .93 Background .93 Qualifications And Term .93 Powers And Duties .93 Law Enforcement .93 Tax Collection And Investment Of Idle Funds .96 Election Duties .99 Service To Courts .100 Property Custodian.101 Miscellaneous Duties .101 Compensation .102 Counties Of More Than 70,000 Population .102 Counties Of Less Than 70,000 Population .102 Fees And Commissions.102 Fee Pooling .105 Consolidation Of The Offices Of Sheriff And Jailer .106 Vacancy.106 Deputies And Employees .106 Deputy Sheriff Merit Boards .107 Branch Offices .108 Penalties .109 Chapter 8: Jailer .111 Background .111 Qualifications .111 Vacancy .111 County Jail System .111 vii

Contents Legislative Research Commission Duties Of Elected County Officials Medical Expenses .113 Jail Standards And Inspections .113 Training For Jailers And Jail Personnel .114 Powers And Duties .114 Keeping The Jail .114 Transportation Of Prisoners .115 Jail Budget .115 Reports .115 Court Services .116 Responsibility For County Buildings.116 Jail And County Property.116 Jailer’s Residence.116 Jail Canteen .116 Preparing Bail Bond .116 Work And Educational Release For Misdemeanants .116 Community-Service-Related Work .117 Deputies .117 Federal, State, And City Use Of The County Jail .118 Transfer Of Prisoners .118 Duties Of A Jailer On Going Out Of Office .118 Compensation .

Legislative Research Commission Foreword Duties Of Elected County Officials i Foreword The past several years have been a time of significant change in county .