Fiscal Court of Taylor County v. Taylor County Metro Police

805 S.W.2d 113, 1991 Ky. LEXIS 21, 1991 WL 32846
CourtKentucky Supreme Court
DecidedMarch 14, 1991
DocketNo. 89-SC-525-DG
StatusPublished
Cited by2 cases

This text of 805 S.W.2d 113 (Fiscal Court of Taylor County v. Taylor County Metro Police) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fiscal Court of Taylor County v. Taylor County Metro Police, 805 S.W.2d 113, 1991 Ky. LEXIS 21, 1991 WL 32846 (Ky. 1991).

Opinion

STEPHENS, Chief Justice.

The specific issue we decide on this appeal is whether a judicial court may order a county fiscal court to appropriate “adequate” funding for the operation of a statutorily authorized county police force. We answer this question in the negative and reverse the Court of Appeals.

The respondents filed a complaint in the Taylor Circuit Court, seeking a writ of mandamus against the movants, attempting to require the fiscal court to appropriate adequate funds to operate a county police force which had been established by the County Judge Executive. Following a motion to dismiss the complaint, the trial court granted the motion, ruling that although the police force was a county agency, the police were not county employees. The Court of Appeals reversed, essentially declaring that the fiscal court had “ratified” the creation of the police force, and thus, may not “decline to provide adequate funding” for it. Upon motion properly made, we granted discretionary review.

In 1975, Taylor County and the City of Campbellsville formed a joint police force. This organization continued until 1982, at which time the city withdrew and formed its own police force. Following that action, also in 1982, the Taylor County Judge Executive formed a county police force, called the Taylor County Metro Police Force. KRS 70.540. Following that action by the Judge Executive, Taylor Fiscal Court established a county police force merit system. KRS 78.405.

All went well with the county police force until mid-1987, with the Fiscal Court providing all its necessary operating expenses. With the final adoption of its 1987-1988 budget, the Fiscal Court appropriated only $25,000 for the county police force which was inadequate for the force to operate for a full year. At the time of the hearing before the trial court, on March 4, 1988, the county police had no funds remaining with which to operate the police [114]*114force for the balance of the county fiscal year. This law suit had been filed in response to that situation.

Movants argue that the appropriation by the Fiscal Court of the $25,000 was a decision to be made solely by it, and is not subject to judicial review. The appropriation was, it is argued, consistent with the legislative decision and financial ability of Taylor County. If a judicial court were to substitute its judgment for that of the county legislative and fiscal agency, the door would be open for all county agencies to file such actions which would result in chaos and the destruction of the fiscal court’s control of its purely local affairs.

Respondents posit that, under the statutory scheme in Kentucky and under the case of Saylor v. Metcalf, 310 Ky. 137, 220 S.W.2d 99 (1949), since the Fiscal Court has tacitly concurred with the establishment of the county police force, it is under a legal obligation to “adequately” fund it.

Before proceeding to a discussion of the critical issue on this appeal, we note that movants have previously challenged the standing of respondents to maintain this action. The Court of Appeals ruled there was standing, but movants have not raised this issue in their brief before us. We assume, from their silence, that they concur with that decision.

The authority of the Taylor County Judge Executive to, pro se, establish a county police force appears in KRS 70.540.

“The county judge/executive of the respective counties shall have and are hereby given the power, jurisdiction and authority to establish, appoint and maintain a county police force within their respective counties.”

It should be noted that approval by the fiscal court is not necessary, nor is there any provision for the funding of the operation of the police force.

KRS 78.405 authorizes the fiscal courts of the several counties to create a county police merit system. The purpose of such system is to promulgate rules and regulations classifying and examining applicants for the county police force, and to deal with other typical personnel and governance matters. The only reference to money in this statute is Sec. (2) which provides that fiscal courts (which have established merit systems) “shall make appropriations of money for the reasonable and necessary expenses of the said board.” (emphasis added). The failure to mention funds for the operation of the police force is consistent with the same omission in KRS 70.540. It is, in both statutes, conspicuous by its absence.

Is there then any statute which requires a fiscal court, once the county judge/executive has established a police force to appropriate any funds therefor, or once having appropriated funds, to provide adequate funds?

The géneral powers of fiscal courts are set out in KRS 67.080. In section one, the permissive powers are identified. No specific reference is made to police force. However, it is provided that the fiscal court may

(c) Regulate and control the fiscal affairs of the county.

No matter how far one looks, or how far one stretches the language, the only interpretation that can be made is that the fiscal affairs of the county are to be regulated and controlled by the fiscal court. Moreover, in the mandatory section of KRS 67.-080(2) no reference is made to police forces.

KRS 64.530 grants to the fiscal courts of the counties (with two inapplicable exceptions) the power to fix the compensation of every county officer or employee. The statute states that the fiscal courts shall fix such compensation. But, it does not either specifically or inferentially, require the fiscal courts to employ anyone, or to pay such employees any particular amount of money. To do so would be wholly inconsistent with KRS 67.080(l)(c), infra.

Respondents argue that to permit a county judge/executive to establish a police force and to permit a fiscal court to deny funding would be an “absurdity.” It may well be argued that to grant a county judge/executive the sole power to create a county police force to force the fiscal court to spend money over and above the budget [115]*115would be an equal or a greater absurdity. The fact remains that the legislature has not spoken directly to the matter.

The decision to fund, to any degree, a county police force or any county agency, is, arguably, a political one. KRS 68.260 gives credence to this view.

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Cite This Page — Counsel Stack

Bluebook (online)
805 S.W.2d 113, 1991 Ky. LEXIS 21, 1991 WL 32846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fiscal-court-of-taylor-county-v-taylor-county-metro-police-ky-1991.