What is a magistrate? Why are they important?

Informed Voter Series

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(Editor’s note: This article is part of a series designed to help prepare voters for the upcoming countywide elections.)
The magistrates’ races have the most candidates for the May 19 primary election, but what does a magistrate do and why is this office important?
In Adair County, there are seven magistrates. Along with the county judge executive, they make up the county’s legislative and administrative body known as the fiscal court.
The county judge executive and the seven magistrates can make motions, second motions and vote on business. In Adair County, there are a total of eight voting members. In the event of a tie, the item dies since there is no one to break the tie.
Each magistrate represents a specific district and should speak for the constituents of that district when making decisions.
Magistrates’ duties include:
• Approving the county budget. The county judge executive should prepare and present the budget, and the fiscal court can change, amend or disapprove it.
• Overseeing county finances. Magistrates must ensure money is appropriated correctly and spent wisely. The county treasurer presents a monthly financial report of revenue and expenses to the fiscal court. The court must approve bills before they can be paid.
• Setting tax rates. The 0.5 percent occupational tax was set by the court along with property taxes. The county tax rate is currently set at 14 cents per $100 assessed value.
• Setting salaries and benefits for county employees, including determining health insurance coverage and what portion the county will pay for full-time employees.
• Attending fiscal court meetings, which are held at least monthly. All county business takes place during these meetings. A majority vote is required for anything to pass. In the event of a tie, no action can be taken.
• Serving on committees within the fiscal court, such as budget, jail and personnel committees. These committees meet and report back to the full court.
• Overseeing county roads. Magistrates are allotted money annually for county roads and are often contacted about repairs and maintenance. They have no control over state highways. If a roadway has a number, such as Highway 206 or Highway 767, it is a state roadway and maintained by the state.
• Maintaining county buildings and property. Purchasing property and equipment as needed.
• Setting county policies, ordinances and regulations. One recent ordinance addressed solar panel installation. Other ordinances include a nuisance ordinance and an animal control ordinance.
• Making decisions regarding parks and recreation, 911, the animal shelter and other entities under the fiscal court’s jurisdiction.
Appointing board members for special purpose taxing districts. Those districts include the ambulance service, health department, Extension, library and the soon-to-be dissolved hospital district. Board members for the soil conservation and school districts are elected.
• Appoint the county treasurer who receives and disburses money.
• Maintain and fund the county jail.
• The fiscal court adopts a county administrative code that outlines all of the procedures, rules, and regulations for the county.

By Amy Pike
amy@adairvoice.com

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