Martin G. Curtis' seat on the Boyle Fiscal Court hasn't been declared vacant by the governor's office yet, according to a spokesman for the governor.
Curtis' niece, who serves as his power of attorney, submitted a letter of retirement for him in October. By law, Gov. Ernie Fletcher would appoint someone to fill the seat.
Boyle County magistrates are grappling with a proposed payroll tax increase and the county's dwindling surplus while one of the largest districts in the county has no representation.
It is a situation that the governor's office has never dealt with, and so it was turned over to the legal staff for review, said Jason Keller, who work's in the governor's office of communication.