Statement from Marshall County Attorney Jason Darnall concerning the petition of “no confidence” in the Marshall County 911 Director.
(August 31, 2020) – By now a petition expressing a sentiment of “no confidence” in the Marshall County 911 Director has been seen by many and widely disseminated on social media. However, as of the date of this statement, nothing of any evidentiary value (nor even the petition itself) has been presented to either the county judge-executive or fiscal court on this issue.
At this juncture, it is important to take a step back and remember exactly how county government operates according to statute, policy, and procedure, particularly when it come to personnel. Under KRS 67.710 (7), the county judge-executive “[e]xercises[s] with the approval of the fiscal court the authority to appoint, supervise, suspend, and remove county personnel…”
Furthermore, under the administrative code adopted by the Marshall County Fiscal Court, a detailed procedure has been outline with respect to the discipline and termination of county employees. This procedure includes the necessary due process requirements such as the opportunity to be heard and to appeal adverse decisions, while also framing the differing roles of the county judge-executive and fiscal court.
Interwoven throughout this process is the principle that decisions are to be made based upon substantive evidence presented to the county judge-executive and/or the fiscal court in the appropriate manner and at the appropriate time. If and/or when any substantive evidence is properly presented, the Marshall County Fiscal Court will of course address the issue accordingly.
