OAG 77-623 | KOGC

Request By:

Mr. Hobert New
Chief of Police
P.O. Box 518
Monticello, Kentucky 42633

Opinion

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

This is in answer to your letter of October 4 in which you ask the following question:

"If a member of the city council moves outside the city, does that member have to resign from the council or can he legally continue to serve as a member of the council?"

In response to your question, reference is made to KRS 86.050 which requires each member of the city council to be a qualified voter in the city, which means that they must be legal residents of the city. This residential requirement must continue throughout the councilman's term of office, and if the councilman moves out of the city during his term, he becomes disqualified and should resign.

In the event the councilman does not resign, the city council is authorized to remove him by a vote of three-fourths of the members pursuant to KRS 86.060(2) and as held in OAG 74-536, a copy of which we are attaching. However, even though disqualified, his acts while serving on the council would be valid as he would be serving as a de facto officer.

LLM Summary

In OAG 77-623, the Attorney General responded to an inquiry regarding whether a city council member who moves outside the city must resign. The opinion clarified that according to KRS 86.050, a council member must be a resident of the city throughout their term. If a council member moves out of the city, they become disqualified and should resign. If they do not resign voluntarily, the city council has the authority to remove them by a three-fourths vote, as supported by OAG 74-536. Additionally, any acts performed by the council member while disqualified would still be valid as they would be considered a de facto officer.

Support Our Work