September 12, 2004
Guest Column
The News Enterprise
408 W. Dixie Ave
Elizabethtown, KY  42701

Guest column: Writers discuss cases for and against changing Hardin County's form of government

Is three better than eight? A golfer will tell you yes. I also believe it is true when deciding the type of Fiscal Court best for Hardin County — a commission or magisterial form.

For months misinformation has been spread concerning this issue. Please allow me to set the record straight and share my views.

Myth: The commission form of Fiscal Court does not provide good local representation.

Fact: Currently 42 percent of Kentuckians are represented by other than a magisterial local government. These governments, encompassing some of the most populated areas of our state, include two merged county/city governments (previously utilizing commissioners) and 15 counties with a functioning commission form of Fiscal Court.

One key difference between commissioners and magistrates is all voters throughout the county elect each commissioner and only voters living in the magisterial district elect a magistrate.

Magistrates (we have eight — the maximum allowed) focus primarily on their own districts and often make decisions based only on their area. This leads to turf battles, county sectionalism and polarization between one end of the county and the other.

Elected countywide, a commissioner represents the entire county and makes decisions based on what is best for the whole county. They will be predisposed to capitalizing on our strengths and abundant resources to develop and grow our county collectively.

Too frequently we find ourselves fighting and competing within the county rather than working toward mutual growth and prosperity. In a magisterial system, issues are often argued from a "territorial" view and votes are cast on a parochial basis instead of from a "what's best for Hardin County" mindset.

Hardin County is the fourth largest in Kentucky (in both population and geographically), but others often surpass us because of a lack of unity in our endeavors. A commission Fiscal Court could help unify countywide efforts toward mutual success.

Myth: Those opposing a commission system say rural areas will lose their representation.

Fact: Based on the 2000 census, 54 percent of our population resides within a city and 46 percent live in unincorporated areas. Magisterial districts 1, 4 and 8 possess heavy concentrations of Elizabethtown precincts. Radcliff and Vine Grove precincts dominate the 5th, 6th, and 7th magisterial districts. Districts 2 and 3 are the only predominantly rural districts.

When commissioner districts are drawn, simple mathematics make it nearly impossible to draw boundaries resulting in anything other than two districts with heavy city representation and one district with predominantly rural representation.

In our magisterial system, two of eight districts are primarily rural versus a commission form where one of three would be heavily rural. Last I checked, 33 percent was greater than 25 percent. While our demographics ensure one commissioner from a primarily rural district, all three commissioners need votes from all three districts to win election. A commissioner will not be able to ignore concerns of any district and enjoy success at the ballot box.

Myth: The Judge/Executive has two votes in a commission Fiscal Court.

Fact: Sixty-three of Kentucky's 118 functioning Fiscal Courts have an even number of members. Tie votes are handled the same in magisterial and commission systems. Only in personnel actions does the Judge/Executive "break" a tie after 15 days of deadlock. In all other Fiscal Court votes, the judge possesses the same power as a magistrate or commissioner. On a tie vote, the motion fails. Do you prefer a slim 5-to-4 vote or a 3-to-1 vote to pass controversial actions?

Myth: Commissioners will be paid $55,000 and receive full-time dedicated administrative staff.

Fact: The statutory maximum pay for either magistrates or commissioners in 2004 is $55,673.95. Each Fiscal Court sets the pay for magistrates or commissioners serving in the following term.

Fact: Currently, a Hardin County magistrate is paid $25,470.50. Additionally, each receives $3,600 annually in allowances for serving on Fiscal Court committees, up to $3,093 annually in training incentives, and other benefits such as retirement and medical.

Fact: The average commissioner salary for the four largest counties is $35,558. The average of the top seven counties is $27,654. Additional allowances and benefits are the same for commissioners and magistrates. Most counties do not provide additional administrative support. It is common to provide one office for their combined use as is also done in some counties for magistrates.

The commission form could provide Hardin County a combined savings in base pay, allowances, and benefits ranging from $148,243 to $175,575 per year.

Myth: If passed, commissioners will be elected next year.

Fact: If the commission form passes in November's election, commissioners will be elected in the county's 2006 general election and will take office on the first Monday of January 2007.

Hardin is a large and steadily growing county. We have long passed the days when blacktop is prioritized based on who we know instead of where is it needed most. Government for a county our size is increasingly more technical, complex and heavily regulated. We have long outlived the age of stubby pencils, rotary phones and stencil machines. Computers, high speed Internet, digital spreadsheets and databases are now the norm.

To keep pace, county government must also modernize. We must work to leverage our resources to promote prosperity for the entire county. If we continue dividing ourselves along north/south or east/west boundaries we will flounder and sink into obscurity. Unity of focus and effort will propel us to the future we want for our children and grandchildren.

Finally, let us always remember, the potential value of the whole is far greater than the sum of the pieces comprising it.

Harry L. Berry
Judge/Executive