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Carroll v. Reed

Court of Appeals of Kentucky

March 14, 2014

LARRY " BUTCH" CARROLL, APPELLANT
v.
N.E. REED, EDMONSON COUNTY JUDGE EXECUTIVE, AND EDMONSON COUNTY FISCAL COURT, CONSISTING OF BENNIE SIMMONS, WILLIE LINDSEY, CLARK WOOD, CHARLES RICH, JOHNNY BROOKS, AND NEIL VINCENT, APPELLEES

APPEAL FROM EDMONSON CIRCUIT COURT. HONORABLE RONNIE C. DORTCH, JUDGE. ACTION NO. 11-CI-00023.

BRIEFS AND ORAL ARGUMENT FOR APPELLANT: Christopher Davenport Bowling Green, Kentucky.

BRIEF FOR APPELLEES: Gregory Vincent Brownsville, Kentucky; Charles E. English, Jr., Aaron D. Smith Bowling Green, Kentucky.

ORAL ARGUMENT FOR APPELLEES: Aaron D. Smith, Bowling Green, Kentucky.

BEFORE: COMBS, NICKELL AND STUMBO, JUDGES.

OPINION

Page 922

STUMBO, JUDGE

The appellant, Larry " Butch" Carroll, appeals an order of the Edmonson Circuit Court denying his motion to alter, amend, or vacate an order granting summary judgment to the appellees, N.E. Reed and the Edmonson County Fiscal Court (hereinafter " Fiscal Court" ). We find that the Fiscal Court was entitled to judgment as a matter of law; therefore, the decision of the circuit court is affirmed.

On March 1, 2011, Edmonson County Fiscal Court Ordinance EC-11-03 came into effect. The ordinance provides the following:

1. Effective from and after March 1, 2011, all net income and net fees from the Offices of the Edmonson County Sheriff and Edmonson County Clerk shall be paid over to the County Treasurer, such payment to be on a monthly basis and not later than the 10th day of each month for the net income and net fees collected in the preceding month.
2. " NET INCOME" and " NET FEES" shall mean all income and all fees collected less only applicable refunds to customers.

Page 923

3. The expenses of and the expenditures by the Offices of the Edmonson County Sheriff and Count[y] Clerk shall be pre-approved and paid by the [C]ounty [T]reasurer in accordance with the purchase order system adopted by the Edmonson County Fiscal Court. Provided however; the Sheriff and County Clerk shall certify to the Treasurer for payment each pay period, the names and hours of each employee of their respective offices who worked during such pay period and the Treasurer shall pay such payrolls without the necessity of any purchase order.
4. The Sheriff and the County Clerk shall draw no check upon the fee accounts other than the check to pay over the net income and net fees of the ...

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