Kentucky Statutes 95A.057 – Commission may initiate consideration of dissolution of a fire protection district or volunteer fire department — Conditions — Procedures
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(1) Notwithstanding any provision of KRS § 65.166, the commission may initiate consideration of a dissolution of a fire protection district or volunteer fire department district providing fire protection services at any time that the requirements of this section are satisfied and without the petition required under KRS § 65.166.
(2) Upon receipt of a written affidavit from a resident, property owner, or local government that a fire protection district or volunteer fire department district formed for the purpose of providing fire protection services has failed to provide those services or that all or a portion of the services are being provided by another entity other than the district, the commission may:
(a) Refer the affidavit and any other supporting evidence that it has to the judge/executive of the county or counties for the county or counties to consider action to dissolve the special district or to alter its boundaries in accordance with KRS § 65.166(4) to (6); or
(b) Initiate an investigation to be conducted by commission personnel under the direction of the executive director to determine the validity of the alleged complaint.
(3) If the commission undertakes an investigation under subsection (2)(b) of this section, it shall forward its findings in writing to the county or counties forming the fire protection district or volunteer fire department district and to any party submitting a written affidavit as set out in subsection (2) of this section. If, after investigation, the commission finds that the fire protection district or volunteer fire department district has failed to provide services, or that all or part of the services are being provided by another entity, the findings shall be considered by the fiscal court or courts, which may elect to:
(a) Initiate the procedure for dissolution or alteration of the boundaries of the fire protection district or volunteer fire department district in accordance with KRS § 65.166(4) to (6); or
(b) Vote by a majority of the entire fiscal court membership to permit the commission to conduct the hearing in accordance with KRS § 65.166(4) and permit the commission to make the written determination for action to either dissolve or alter the boundaries of the fire protection district or volunteer fire department district in accordance with KRS § 65.166(5). Any decision to dissolve or alter the boundaries of the fire protection district or volunteer fire department district shall be ratified by the fiscal court within thirty (30) days following the issuance of the final written determination of the commission. If the fiscal court takes no action to ratify the decision of the commission, then the decision of the commission shall be deemed ratified.
Effective: July 15, 2016
History: Created 2016 Ky. Acts ch. 117, sec. 5, effective July 15, 2016.
(2) Upon receipt of a written affidavit from a resident, property owner, or local government that a fire protection district or volunteer fire department district formed for the purpose of providing fire protection services has failed to provide those services or that all or a portion of the services are being provided by another entity other than the district, the commission may:
Terms Used In Kentucky Statutes 95A.057
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
(a) Refer the affidavit and any other supporting evidence that it has to the judge/executive of the county or counties for the county or counties to consider action to dissolve the special district or to alter its boundaries in accordance with KRS § 65.166(4) to (6); or
(b) Initiate an investigation to be conducted by commission personnel under the direction of the executive director to determine the validity of the alleged complaint.
(3) If the commission undertakes an investigation under subsection (2)(b) of this section, it shall forward its findings in writing to the county or counties forming the fire protection district or volunteer fire department district and to any party submitting a written affidavit as set out in subsection (2) of this section. If, after investigation, the commission finds that the fire protection district or volunteer fire department district has failed to provide services, or that all or part of the services are being provided by another entity, the findings shall be considered by the fiscal court or courts, which may elect to:
(a) Initiate the procedure for dissolution or alteration of the boundaries of the fire protection district or volunteer fire department district in accordance with KRS § 65.166(4) to (6); or
(b) Vote by a majority of the entire fiscal court membership to permit the commission to conduct the hearing in accordance with KRS § 65.166(4) and permit the commission to make the written determination for action to either dissolve or alter the boundaries of the fire protection district or volunteer fire department district in accordance with KRS § 65.166(5). Any decision to dissolve or alter the boundaries of the fire protection district or volunteer fire department district shall be ratified by the fiscal court within thirty (30) days following the issuance of the final written determination of the commission. If the fiscal court takes no action to ratify the decision of the commission, then the decision of the commission shall be deemed ratified.
Effective: July 15, 2016
History: Created 2016 Ky. Acts ch. 117, sec. 5, effective July 15, 2016.