(1) The fiscal court of each county shall consist of the county judge/executive and the
justices of the peace of the county; or of the county judge/executive and three (3)
county commissioners elected under KRS 67.050 and 67.060.
(2) The county judge/executive shall preside, if present. A majority of the justices of
the peace or commissioners shall elect one (1) of their number to preside during the
absence or inability of the county judge/executive to preside. If any person fails to
comply with a lawful order of the fiscal court, the Circuit Court, on application by
the county judge/executive, may compel obedience by proceedings for contempt.
(3) When there is a tie vote in the fiscal court in the selection of any officer or
employee to be selected by the fiscal court, and a deadlock results and continues for
fifteen (15) days or longer, the county judge/executive shall cause to be entered
upon the minutes of the fiscal court an order reciting the facts as to the deadlock,
and the question upon which it has occurred and exists, and thereupon, the county
judge/executive shall make such appointment.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 118, sec. 7, effective June 17, 1978; and ch. 384,
sec. 141, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch.
20, sec. 6, effective January 2, 1978. -- Amended 1952 Ky. Acts ch. 224, sec. 1. --
Amended 1942 Ky. Acts ch. 173, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec.1833, 1836, 1837.
Legislative Research Commission Note. This section was amended by two 1978 acts
which do not appear to be in conflict and are compiled together.
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1947–2023 · leading case:
Conn v. Deskins, 238 F. Supp. 3d 924 (E.D. Ky. 2017).
Conn v. Deskins, 238 F. Supp. 3d 924 (E.D. Ky. 2017).
· cites it 2× “Moreover, Conn has pointed to facts suggesting that some or all of the magistrates voted knowing the allegedly unlawful motive for his termination: Deskins, who had a vote on the court, was allegedly angered by Conn’s failure to support the occupational tax.”
United States v. Conley, 290 F. Supp. 3d 647 (E.D. Ky. 2017).
· cites it 2× “163 at 5]; KRS § 67.040. One responsibility of the Fiscal Court is to oversee the solicitation of bids and the awarding of contracts for certain public construction projects.”
Knight v. Spurlin, 226 S.W.3d 844 (Ky. Ct. App. 2007).
“Pursuant to KRS 67.040, the fiscal court consists of the county judge/executive and three county commissioners or magistrates *852 who are elected by the citizens of the county where they reside.”
City of Paducah v. McCracken Cnty., 204 S.W.2d 942 (Ky. Ct. App. 1947).
· cites it 2× “See Notes and Ann ota,tions to the Kentucky Eevised Statutes, section 67.040. It was said in the opinion that the expenditures made by the fiscal court of Madison County for the care, maintenance and hospitalization of the poor of the entire county had been made from taxes paid…”
Howard v. Saylor, 204 S.W.2d 815 (Ky. Ct. App. 1947).
“Kentucky Constitution, section 144; KRS 67.040. We think that the county judge or any other member of the fiscal court may appeal from an order which he deems detrimental to the interests of the county.”
Casteel v. Sparks, 226 S.W.2d 533 (Ky. Ct. App. 1950).
“KRS 67.040. The difficulty out of which this action arose appears to be the refusal of appellant to obey the orders of the Court.”
Polston v. King, 965 S.W.2d 143 (Ky. 1998).
“The court acknowledged KRS 67.040(1) provides that fiscal court ‘shall consist of the county judge/executive and the justices of the peace of the county .”
Lynch v. Johnson, 291 F. Supp. 906 (E.D. Ky. 1968).
· cites it 3× “Johnson III, pursuant to a conspiracy, in his conduct of a court of inquiry at which plaintiff testified under subpoena.”
Cook v. Fihe, 358 S.W.2d 350 (Ky. Ct. App. 1962).
“(A similar statute, KRS 67.040(4), applies to fiscal courts with justice of the peace members.”
— Ky. Rev. Stat. § 67.040(1) — 1 case
Polston v. King, 965 S.W.2d 143 (Ky. 1998).
“The court acknowledged KRS 67.040(1) provides that fiscal court ‘shall consist of the county judge/executive and the justices of the peace of the county .”
— Ky. Rev. Stat. § 67.040(2) — 1 case
Lynch v. Johnson, 291 F. Supp. 906 (E.D. Ky. 1968).
“Johnson III, pursuant to a conspiracy, in his conduct of a court of inquiry at which plaintiff testified under subpoena.”
— Ky. Rev. Stat. § 67.040(4) — 1 case
Cook v. Fihe, 358 S.W.2d 350 (Ky. Ct. App. 1962).
“(A similar statute, KRS 67.040(4), applies to fiscal courts with justice of the peace members.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.