Request By:
Mr. Forrest A. Hoffman
Councilman, City of LaGrange
121 W. Main Street
LaGrange, Kentucky 40031
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of March 9 in which you raise the following questions:
"1- The time and salary limits for changing the salary of the Mayor and Council members?
We are a 4th Class City. The Mayor and 6 members of the Council are our governing body.
2- The salary limits for a City Attorney?
What is the ruling on payment of monthly check if City Attorney does not attend monthly meeting or perform all his duties?"
In response to your initial question we are enclosing a copy of OAG 76-320 in which we point out that the maximum compensation for the office of mayor of a city of the fourth class is $7200 which incidentally is the constitutional maximum. We are also enclosing a copy of OAG 77-144 in which we point out that the maximum compensation for members of the city council is $3,000 per annum.
Any change in compensation for the office of mayor and city councilmen must be made pursuant to KRS 64.580 as pointed out in the enclosed opinions. This means that the change must be made not later than the first Monday in May in the year in which they are elected, which is this coming November election.
In response to your second question, there is no constitutional or statutory limit on the compensation that may be paid the city attorney since he is not a constitutional officer and the state legislature has not specified any fixed compensation. See
Board of Education of Graves County v. DeWeese, Ky., 343 S.W.2d 598 (1961). In this respect we are enclosing a copy of OAG 75-318 [see page 3].
With respect to the city attorney's failure to attend monthly meetings, we refer you to KRS 69.560. This statute requires the city attorney to attend all meetings of the city council and further provides that he may be removed for cause. Under the circumstances, he would be entitled to his monthly compensation but if he continues to refuse to attend meetings of the council, such refusal would subject him to removal for cause.