KRS § 70.430 — KY Code / Title IX / Chapter 70 / Section 70.430
70.430 Constable duties -- Monthly report
Status: in_force

70.430 Constable duties -- Monthly report.

(1) Constables on or before the tenth day of each calendar month shall make a report

concerning the performance of the duties of office by himself or herself and his or

her deputies, if deputies have been authorized under KRS 70.320, during the next

preceding calendar month. The reports shall be made:

(a) To the county clerk in counties containing an urban-county government or a

consolidated local government; or

(b) To the county fiscal court in all other counties.

(2) The reports required under subsection (1) of this section shall be in the form and

include any information required by the office to which the report is to be submitted

under subsection (1) of this section, but shall at a minimum contain:

(a) A statement showing the total number of each kind of civil processes and

orders received, the total number of each returned executed, returned

unexecuted, and not returned and not executed;

(b) A statement showing the amount of any fee or fees collected on each civil

service of process;

(c) If the constable is qualified and is authorized to execute warrants in criminal

matters or otherwise exercise the powers of a peace officer under KRS

70.325, a list of the names and addresses of all persons for whom warrants of

arrest have been obtained by the constable and his or her deputies, noting the

name of the officer obtaining each warrant, the name of the officer executing

each warrant, and indicating the warrants returned executed, returned

unexecuted, and not returned and not executed; a list of the names and

addresses of all persons for whom warrants of arrest have been obtained by

others and delivered to the constable and his or her deputies for execution,

noting the name and address of the person obtaining each warrant; the name

of the officer executing it, and indicating the warrants returned executed,

returned unexecuted, and not returned and not executed; a list of the names

and addresses of all persons arrested by the constable and his or her deputies

without warrant, noting the name of the officer making the arrest and the

cause of the arrest; a list of all the places for which search warrants have been

obtained by the constable and his or her deputies, noting the name of the

officer obtaining each search warrant, the name of the officer executing it, and

indicating the search warrants returned executed, returned and unexecuted,

and not returned, and not executed; and

(d) Under the heading of other matters, a complete and detailed report upon each

and all other acts of the constable and his or her deputies performed under

authority, or under color of authority, of office.

(3) Each monthly report shall be subscribed and sworn to by the constable and such

parts thereof as pertain to the acts of his or her deputies beyond his or her presence

shall be deemed to be sworn to upon information and belief. Upon request, attested

copies of the reports shall be promptly delivered to the county judge/executive, the

mayor of an urban-county government or consolidated local government, the

county attorney, or the attorney for the Commonwealth.

(4) (a) 1. In consideration of the collection and administration of the reports

required to be submitted to fiscal courts under subsection (1)(b) of this

section, the fiscal court or legislative body of any county greater than

seventy thousand (70,000) shall be entitled to collect a fee in a sum

equal to twenty-five percent (25%) of the total receipts reported each

calendar month that were actually collected by the reporting constable.

The administrative fee required by this subsection shall be submitted by

the constable at the same time as the report required by subsections (1)

and (2) of this section.

2. In counties of seventy thousand (70,000) or less, the reports required to

be submitted to fiscal courts under subsection (1)(b) of this section shall

be sufficient.

(b) If an urban-county government or a consolidated local government elects by

ordinance, the county clerk receiving reports under subsection (1)(a) of this

section shall be entitled to collect the administrative fee provided in paragraph

(a) of this subsection. If authorized, any fees collected by a county clerk under

this subsection may be shared evenly between the county clerk and the county

government, as provided in the ordinance.