City of Taylorsville v. Spencer County Fiscal Court

371 S.W.3d 790, 2012 WL 1957412, 2012 Ky. App. LEXIS 85
CourtCourt of Appeals of Kentucky
DecidedJune 1, 2012
DocketNo. 2011-CA-001096-MR
StatusPublished
Cited by1 cases

This text of 371 S.W.3d 790 (City of Taylorsville v. Spencer County Fiscal Court) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Taylorsville v. Spencer County Fiscal Court, 371 S.W.3d 790, 2012 WL 1957412, 2012 Ky. App. LEXIS 85 (Ky. Ct. App. 2012).

Opinion

OPINION

LAMBERT, Senior Judge:

The City of Taylorsville, Kentucky, appeals from two orders of the Spencer Circuit Court which address the validity of a petition for a voter referendum on a Charter County Government pursuant to KRS 67.830. The trial court found that the Petition met the requirements of the statute and that the signatures supporting it were properly verified. The trial court also rejected the City’s challenges to the constitutionality of KRS 67.830. We conclude that the wording of the Petition did not precisely conform to the language of the statute and thus improperly limited the authority of the commission to be created pursuant to the statute. Since the Petition did not strictly comply with the requirements of KRS 67.830, we conclude that it must be rejected without reaching the constitutional issues raised by the City.

This action involves the application and constitutionality of KRS 67.830, which sets out the procedure for a county to adopt a charter county form of government. The statute permits a county to create a commission to study the adoption of charter county government. The process may be initiated through the adoption of an ordinance by the county fiscal court, KRS 67.830(1), or by a petition submitted by a [792]*792sufficient number of voters. KRS 67.830(2). The process for adoption of a Charter County Government by a petition process is set out in KRS 67.830(2)-(6) as follows:

(2) In lieu of the adoption of an ordinance pursuant to subsection (1) of this section, a petition may be filed with the county clerk requesting a referendum be held on the question of the adoption of a charter county form of government or the consolidation of any agency, subdivision, department, or subdistrict providing any services or performing any functions for a city or county. The petition shall be signed by a number of registered voters equal to at least twenty percent (20%) of the number of county residents voting in the preceding regular election.
(3) Within sixty (60) days of the adoption of an ordinance pursuant to subsection (1) of this section, or within sixty (60) days of a petition being filed with the county clerk pursuant to subsection (2) of this section, the fiscal court and the city legislative body of each city within the county shall jointly appoint a commission to study the question of the adoption of a charter county form of government or the consolidation of any agency, subdivision, department, or sub-district providing any services or performing any functions for a city or county. The fiscal court shall determine the size of the membership of the commission which shall be composed of not less than twenty (20) or more than forty (40) citizens. The actual appointment of individual members to the commission shall be governed by the following provisions:
(a)The county shall make a number of appointments equal to fifty-five percent (55%) of the membership of the commission.
(b) Each city located within the county shall join together with other cities of the same classification located within the county for the purpose of making appointments to the commission. Jointly the cities shall make a number of appointments equal to forty-five percent (45%) of the membership of the commission. Each class of city within the county shall have a minimum of one (1) representative on the commission.
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(c) If there is only one (1) city of a particular classification within a county, the city shall make a number of appointments based upon the ratio.of the percentage of the population residing within that city to the countywide population.
(d) The county judge/executive shall serve as a voting member of the commission and preside as its chairman.
(4)The commission shall be funded by the fiscal court and each city within the county in proportion to its ratio of membership on the commission and shall be responsible for developing a comprehensive plan for the consolidation of services and functions of cities and the county, or the formation of a charter county government that shall include but not be limited to the following provisions:
(a) A description of the form, structure, functions, powers, and name of the proposed charter county government;
(b) A description of the officers and their powers and duties of the proposed charter county government; and
(c) The procedures by which the original comprehensive plan may be amended.
[793]*793(5) The comprehensive plan shall be consistent with the provisions of the Constitution of Kentucky and shall be advertised at least ninety (90) days before a regular election at which the voters will be asked to approve or disapprove the adoption of the comprehensive plan. The question of whether the comprehensive plan shall be adopted shall be filed with the county clerk not later than the second Tuesday in August preceding the day of the next regular election.
(6) The votes shall be counted, returns made and canvassed in accordance with the provisions of KRS Chapters 116 to 121 governing elections, and the results shall be certified by the county board of election commissioners to the county clerk. If a majority of those voting on the issue are in favor of adopting the comprehensive plan, the county board of election commissioners shall enter the fact of record and the charter county commission shall organize the charter county government or the county shall provide for the consolidation of services or functions as provided in the comprehensive plan.

In 2012, the General Assembly amended KRS Chapter 67 to create a new section setting forth standards governing petitions to establish a charter county government. 2012 Ky. Laws Ch. 63, § 1. KRS 67.830 was also amended to adopt these standards and to modify the requirements for drafting a charter county referendum and for submitting such petitions to the voters. Id. § 4. However, these amendments do not take effect until January 2013. Id. § 10. Consequently, our review of the application and constitutionality of KRS 67.830 is limited to version of the statute which was in effect prior to its most-recent amendment.

Thus, we now turn to the underlying facts and procedural history of this particular action — matters not in dispute.

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Cite This Page — Counsel Stack

Bluebook (online)
371 S.W.3d 790, 2012 WL 1957412, 2012 Ky. App. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-taylorsville-v-spencer-county-fiscal-court-kyctapp-2012.