67.075 Definitions.

For the purposes of this chapter, the following words shall have the following meanings:

(1) "County ordinance" means (a) an official written act of a fiscal court, the effect of

which is general and lasting in nature, which is enforceable within the jurisdiction of the county; or (b) a lawful appropriation of money.

(2) "Summary" means a concise written narrative covering the main points of any official statement, certified as to its accuracy by the fiscal court and written in a way calculated to inform the public clearly of its contents. Summaries may be written for but are not limited to resolutions and ordinances.

Effective: June 17, 1978

History: Created 1978 Ky. Acts ch. 118, sec. 1, effective June 17, 1978.

67.076 Use of county ordinance and resolution -- Form -- Amendment.

(1) No action embraced in the term "county ordinance" may be taken except by passage of a county ordinance. Other official actions, including but not limited to approvals required by the fiscal court, may be taken by resolution, order, or motion;

(2) All ordinances shall be introduced in writing;

(3) No county ordinance shall relate to more than one (1) subject, and each ordinance shall be prefaced in the following manner by a title which expresses that subject:

"AN ORDINANCE relating to (the subject of the ordinance):";

(4) There shall be inserted between the title and the body of each county ordinance an enacting clause written in the following manner: "Be it ordained by the fiscal court of county of.........., Commonwealth of Kentucky:";

(5) County ordinances shall be amended by ordinance and only by setting out in full each amended section;

(6) No action of a fiscal court shall be invalidated because of improper denomination of a county ordinance or other written document, if the procedures required for taking the action have otherwise been observed.

Effective: June 17, 1978

History: Created 1978 Ky. Acts ch. 118, sec. 4, effective June 17, 1978.

(Section 3)  This section is very clear, 1 subject only. Watch that they do not put numerous subjects in an ordinance, sometimes by amendment(s). They will attempt to claim that they are related.

(Section 5)  Pay particular attention to section (5). It appears to be a common practice to just amend an ordinance at any meeting without paying attention to this section.

67.077 Treatment of proposed ordinance -- Incorporation of material into ordinance by reference -- Section not applicable to charter county, urbancounty government, or consolidated local government.

(1) No county ordinance shall be passed until it has been read on two (2) separate days, but ordinances may be read by title and a summary only. A proposed ordinance may be amended by the fiscal court after its first reading and prior to its adoption. All amendments shall be proposed in writing, and only by setting out in full each amended section.

(2) No county ordinance shall be passed until it has been published pursuant to KRS Chapter 424. Prior to passage, ordinances may be published by summary.

Publication shall include the time, date, and place at which the county ordinance will be considered, and a place within the county where a copy of the full text of the proposed ordinance is available for public inspection. (see below for amendments comment on this) Publication of amendments to a proposed ordinance shall be required, pursuant to KRS Chapter 424, prior to its adoption, and amendments shall be filed with the full text of the proposed ordinance that is available for public inspection. If consideration for passage is continued from the initial meeting to a subsequent date, no further publication shall be necessary if at each meeting the time, date, and place of the next meeting are announced.

(3) All county ordinances and amendments shall be published after passage and may be published in full or in summary form at the discretion of the fiscal court. If applicable, a sketch, drawing, or map, together with a narrative description written in layman's terms, may be used in lieu of metes and bounds descriptions. If published in summary form, publication shall contain notice of a place in the county where the full text of the ordinance or amendment is available for public inspection.

(4) Traffic, building, housing, plumbing, electrical, safety, and other self-contained codes may be adopted by reference if a copy of the code is kept with the adopting ordinance and is made a part of the permanent records of the county.

(5) The provisions of this section shall not be applicable in counties that have pursuant to KRS 67.830 adopted a charter county form of government or pursuant to KRS Chapter 67A adopted an urban-county form of government or pursuant to KRS Chapter 67C adopted a consolidated local government.

Effective: July 15, 2002

History: Amended 2002 Ky. Acts ch. 346, sec. 39, effective July 15, 2002. --

Amended 1990 Ky. Acts ch. 401, sec. 12, effective July 13, 1990. -- Amended 1980

Ky. Acts ch. 11, sec. 1, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 118,

sec. 5, effective June 17, 1978.

(Section 2)  Pay attention to this about amendments. It clearly states that amendments must be published according to KRS Chapter 424. This Chapter 424 clearly explains that you must, even though you approve an amendment at a meeting, still must publicize this before final approval at another meeting. This is the section most do not comply with.

67.078 Quorum -- Majority of fiscal court required to pass ordinance -- Emergency acts -- Effective date.

(1) Unless otherwise provided by statute, a majority of a fiscal court shall constitute a quorum and a majority of a quorum shall be sufficient to take action, except that a majority of the fiscal court shall be required to pass an ordinance. No meeting shall be held by the fiscal court without notice to all members thereof. (see below for comment regarding this section)

(2) A majority of the fiscal court may declare an emergency to exist by naming and describing the emergency, and thereafter may adopt a county ordinance to address that emergency without regard to the requirements of KRS 67.077.

(3) All county ordinances and other official actions shall state the effective date thereof.

Effective: June 17, 1978

History: Created 1978 Ky. Acts ch. 118, sec. 6, effective June 17, 1978.

(Section 1)  This section is often violated, far too often! Should the majority of the members of Fiscal Court get together it is considered an official meeting UNLESS NOT ALL MEMBERS WERE NOTIFIED! This happens, believe it or not, often. It is almost a common thing for them to hold these little meetings "on the side."

This is one reason why a meeting seems destined to head in a certain direction. Too many meetings go on with a member or two not being aware of what is going on.

They simply were left out of what someone wanted and it was generally known to those members of Fiscal Court in attendance that those not "INVITED" would not support what the others wanted and would cause problems by asking too many questions and/or oppose them.

424.380 Failure to comply with publication requirements.

Any resolution, regulation, ordinance or other formal action of any public agency which is required to be published, that is adopted without compliance with the publication requirements of this chapter, shall be voidable by a court of competent jurisdiction. The Circuit Courts of this state shall have the jurisdiction to enforce the purposes of this chapter, by injunction or other appropriate order, upon application by any citizen of this state. The cost of all proceedings, including a reasonable fee for the attorney of the citizen

bringing the action, shall be assessed against the unsuccessful party.

Effective: July 15, 1982

History: Created 1982 Ky. Acts ch. 430, sec. 8, effective July 15, 1982.

This is the best section of the law and the most hated by those trying to pull the wool over the eyes of the public. Any actions to be taken or meetings held, must be publicized. If it is not, then it is null and voidable by the Circuit Court, once you show that the governmental body did not meet the law.

Another good section of this law is that they are then responsible to pay your attorney fees as well as court costs incurred.

The law gives you the tools to work with but it is up to you to keep taking it or become involved to make a difference!

If you don't become involved then what right do you have to complain all the time?