Request By:
Honorable Louis A. Noll
Mayor, City of Edgewood
436 Dudley Road
Edgewood, Kentucky 41017
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of June 17 in which you refer to the fact that a dispute has arisen between the mayor and certain members of the city council as to the degree of authority each exercises over city employes. The questions you raise are as follows:
"1. Is the Mayor or the City Council responsible for the assignment, supervision and performance of the day-to-day activities of city employees?
"2. To whom do these employees report?"
The mayor's powers are limited by statute and he has no authority except that which is expressly implied or conferred upon him by the city charter or by the council pursuant to ordinance. See KRS 86.200 (2) and McQuillin, Mun. Corps., Vol. 3, § 12.43. KRS 86.200 provides, in effect, that the mayor shall see that the laws and ordinances of the city are enforced and, in addition, he shall be the head of the city police and may command them to perform their duties. See George v. City of Lebanon, 424 S.W.2d 588 (1968).
On the other hand, the city council is vested with the administrative powers of the city, which includes the power to hire and fire city employes as well as supervise their employment activities. Such supervision could, however, be delegated to other officials, including the mayor. See Griffin v. City of Paducah, Ky., 382 S.W.2d 402 (1964), and OAG 67-536 [copy attached].
Under the circumstances, the city council is vested with the authority to supervise the performance of its employes but may delegate such supervision to other city officers such as the mayor. Normally, the employes in certain departments established by the city report to their immediate supervisors who, in turn, report to the city council.