Beech Tree News Network

Following two work sessions and a controversial called meeting, a revised budget passed by magistrates for the 2015-16 fiscal year has been declared null and void.  Butler County Judge-Executive David Fields was notified on Friday, May 29, by Bobby Russell, an attorney from the Kentucky Department of Local Government, that recent actions taken by Butler County Fiscal Court were invalid due to "technicalities" associated with not properly following the agenda of a called meeting.  The Department of Local Government was responding to a complaint that was made to their office.  At a called meeting of any public agency, only items specifically listed on the meeting agenda and advertised appropriately as required by law may be considered.  Among the several items listed on the agenda of the May 26 called meeting was "2015-16 Budget - First Reading." 

In the context of considering the proposed budget, Judge Fields allowed individuals to speak who were not on the meeting agenda.  Addressing concerns with the budget that magistrates were considering, Butler County Sheriff Scottie Ward and Commonwealth Attorney Tim Coleman both spoke, though neither were on the agenda. 

As the meeting progressed, magistrates eventually rejected the proposed budget on a 4-1 vote.  That budget contained several cuts in which some in the crowded courtroom objected.  At this point, magistrates essentially amended the original budget to restore funding that had initially been removed.  That action was taken after Fields consulted with County Attorney Richard "Dick" Deye.  This amended budget passed on a 4-1 vote.  
According to the Department of Local Government, the fact that Fiscal Court took action on a revised budget was a technical violation of procedures governing called meetings.  Therefore, the actions taken at the May 26 meeting are considered invalid.  Judge Fields told Beech Tree News that non-budget items from the May 26 meeting, will be on Fiscal Court's June 8 regular meeting agenda.  The 2015-16 budget, according to Fields, will likely be considered at an upcoming called meeting due to time deadlines .  That date has not been determined.  Butler County Fiscal Court is required by state law to present a balanced budget by June 1 of each year.  For county government to continue operations,  a new budget must be in place by July 1 - the beginning of the new fiscal year.  Although the county will miss the initial June 1 deadline, Judge Fields said the county will most definitely have its 2015-16 budget in place prior to the start of the new fiscal year.
"My intention was to allow as much debate as possible on such an important issue as the county budget," said Fields. "Throughout the discussion, all debate centered on the budget but it appears that we should have stopped that discussion after the original budget failed in order to be in full compliance with the letter of the law pertaining to called meetings."  
According to Fields, County Attorney Deye will be contacting the Department of Local Government on Monday to get further clarification on the specifics of the alleged violation.
Controversy has surrounded the proposed county budget for the last few weeks due to a projected $700,000 shortfall between revenue and expenses.  Magistrates have held two work sessions debating the budget.  At the May 26 meeting, Bruce White, Executive Director of the Butler County Boys & Girls Club, addressed the court concerning their request of $12,500 to held fund the club.  The court had planned to cut the donation to $7,500.
Butler County Sheriff Scottie Ward addressed the court about the possible $12,300 cut to his department.
Cuts proposed by the court totaled $100,070 and included fire departments, employee insurance, overtime, supplies, and services.
After input from several individuals and a heated exchange between Bruce White and First District Magistrate Stevie Givens, magistrates voted 4-1 against the original budget - the one with the various cuts in funding.  Fourth District Magistrate David Whittinghill was the lone yes vote.  Givens, Second District Magistrate Johnny Tuck, Third District Magistrate Chad Tyree, and Fifth District Magistrate Bobby Moore all voted against the measure.
The magistrates regrouped and agreed to fund the fire departments $10,000 each, Boys & Girls Club $12,500, and the sheriff’s office $12,300. This vote passed 4-1 with Givens being the lone nay vote.
With the approval of the revised budget, the county is using $627,985 of their $900,000 reserve to balance the budget for 2015-16, leaving $272,015 in reserve for next year.