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KRS 67.040

Fiscal court -- Members -- Presiding officer -- Deadlock

Applied in 9 court decisions — leading case J. W. Lynch v. Joe E. Johnson, Iii, George B. Goodykoontz and Estel Senn (1970)

Most recently applied in United States v. Conley (November 2017)

Effective: June 17, 1978 History: Amended 1978 Ky

How often courts cite this section

1947196019802000201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.