OAG 77-147 | KOGC

Request By:

Honorable Burt J. Deutsch
Director, Department of Law
City of Louisville
City Hall
Louisville, Kentucky 40202

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General

This is in answer to your letter of February 23 in which you ask us to reconsider our conclusion in OAG 77-54 to the effect that no authority was found under the Municipal Housing Authority Act authorizing the delegation of proxies by members of the housing commission. In your request for reconsideration you relate the following additional facts not previously presented.

"In requesting your reconsideration, I am submitting a certified copy of Ordinance No. 114, Series 1974 enacted by the Board of Aldermen of the City of Louisville on 18 September, 1974. This Ordinance was enacted pursuant to the Home Rule authority granted to the City by KRS 83.520 and enlarged the membership of the Housing Commission and authorized the Mayor to appoint a designate who would have all powers of the Mayor as an ex officio member."

In view of the additional information submitted involving the utilization of the city's home rule authority pursuant to KRS 85.520 and upon further researching the question, we find an unpublished opinion, namely OAG 74-702 (copy enclosed) covering the identical question which is answered in the affirmative.

Under the circumstances, OAG 77-54 is withdrawn.

LLM Summary

The decision withdraws a previous opinion (OAG 77-54) which found no authority for the delegation of proxies by members of the housing commission under the Municipal Housing Authority Act. This reconsideration was prompted by new facts presented by the requester, including an ordinance that expanded the commission's membership and authorized mayoral delegation. The decision cites an unpublished opinion (OAG 74-702) that supports the affirmative answer to the question, leading to the withdrawal of the original opinion.

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