KRS § 173.480 — KY Code / Title XIV / Chapter 173 / Section 173.480
173.480 Notice of organization -- Copy of petition -- Duties of Department for Libraries and Archives -- Board membership -- Appointment process
Status: in_force

173.480 Notice of organization -- Copy of petition -- Duties of Department for

Libraries and Archives -- Board membership -- Appointment process.

(1) Upon the creation of a district, the fiscal court of each county in the district shall at

once notify the Department for Libraries and Archives of the establishment of the

district and shall forward to the department a copy of the petition required pursuant

to KRS 173.470. The Department for Libraries and Archives shall then recommend

to the county judge/executive of each county in the district the names of suitable

persons from among the signers of the petition to be appointed to the board. The

Department for Libraries and Archives in recommending persons to the county

judge/executive for appointment to the board shall recommend twice as many

persons for each county as the county is entitled to have members appointed, and

the county judge/executive shall immediately, with the approval of the fiscal court,

make the selection from those recommended unless the fiscal court has adopted an

alternative appointment process through the passage of a resolution. For fiscal

courts that adopt an alternative appointment process, the county judge/executive:

(a) 1. May immediately, with the approval of the fiscal court, make the

selection from those recommended by the Department for Libraries and

Archives; and

2. For any appointments the county judge/executive decides not to fill from

the first recommendations, shall request the Department for Libraries

and Archives to submit within thirty (30) days two (2) additional

recommended persons for each unfilled appointment, and, with the

approval of the fiscal court, may make the selection from those

recommendations; and

(b) For any remaining unfilled appointments after the provisions of paragraph (a)

of this subsection have been followed, shall appoint, with the approval of the

fiscal court, individuals of his or her choosing, whether or not the individuals

signed the petition, no later than thirty (30) days after the day the county

judge/executive received the recommendations under paragraph (a)2. of this

subsection and made no appointment therefrom. The county judge/executive

shall notify the Department for Libraries and Archives of the name of any

individual appointed in the manner set out in this paragraph.

(2) Where the district consists of one (1) county, the county judge/executive shall

appoint five (5) persons from that county as members.

(3) Where the district consists of more than one (1) county, the Department for

Libraries and Archives shall prescribe by regulation the number of board members,

provided that the board shall consist of:

(a) Not less than one (1) nor more than four (4) members from each county, each

county having such number of members as the proportion of its population

bears to the total population in the district; and

(b) Not less than five (5) members.

(4) Where a county joins an already established district:

(a) The Department for Libraries and Archives shall, from among the signers of

the petition, recommend to the county judge/executive of each county

included in the new district for the first time twice as many persons for

appointment to the board as the county is entitled to have appointed, and the

county judge/executive shall select the members for the county from this list

unless the fiscal court has adopted an alternative appointment process through

the passage of a resolution. For fiscal courts that adopt an alternative

appointment process, the county judge/executive:

1. a. May select the members for the county from those recommended

by the Department for Libraries and Archives; and

b. For any appointments the county judge/executive decides not to

fill from the first recommendations, shall request the Department

for Libraries and Archives to submit within thirty (30) days two

(2) additional recommended persons for each unfilled

appointment, and, with the approval of the fiscal court, may make

the selection from those recommendations; and

2. For any remaining unfilled appointments after the provisions of

subparagraph 1. of this paragraph have been followed, shall appoint,

with the approval of the fiscal court, individuals of his or her choosing,

whether or not the individuals signed the petition, no later than thirty

(30) days after the day the county judge/executive received the

recommendations under subparagraph 1.b. of this paragraph and made

no appointment therefrom. The county judge/executive shall notify the

Department for Libraries and Archives of the name of any individual

appointed in the manner set out in this subparagraph; and

(b) The terms of the members of the counties composing the previously existing

district shall expire immediately upon the organization of the new board and

such vacancies shall be filled as provided in KRS 173.490.