70.430 Constable duties -- Monthly report.
718 words·~3 min read·
/ky/chapter-70/70-430A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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
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.