Request By:
Honorable Charles G. Gibbs
Mayor, City of Catlettsburg
City Building
Catlettsburg, Kentucky 41129
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of December 13 in which you relate that the city treasurer refuses to perform her duties and at the present time the office has been closed since December 5, and three weeks prior to that time, it was closed for four consecutive weeks. You also relate that these and other personal problems involving the city treasurer have so adversely affected her conduct of the office that city bills have not been paid nor taxes collected or licenses issued. Under the circumstances, you raise the following questions:
"1. Does KRS 61.160 pertain to Catlettsburg, which is a city of the Fourth Class?
"2. If a person was hired to keep her office open, would the City Treasurer be required to pay their salary?
"3. Since we have evidence of malfeasance of office, can she be impeached?
"4. If the answer to question three is in the affirmative, what procedure shall we follow?"
Our response to your initial question would be in the affirmative. KRS 61.160 as amended in 1976 reads as follows:
"Public offices in counties containing a city of any class may close any one (1) full day of any week, or any two (2) half days Monday through Saturday of any week." (Emphasis added).
Our response to your second question would be in the negative. It would be up to the city to pay any one hired to perform the duties of the present city treasurer.
In response to your third question, we refer you to KRS 92.060 which provides that though the city treasurer is appointed for a term of two (2) years, he or she is subject to removal for good cause at any time. As to what constitutes good or legal cause, we are enclosing a copy of OAG 76-435 citing the case of
Bourbon County Board of Education v. Darnaby, 314 Ky. 419, 235 S.W.2d 66 (1950). Also noted in this opinion is the fact that in the absence of any requirement that a hearing be conducted in connection with removal of an officer, none is required and the circuit court is the forum before which the issue is to be decided in the event of an appeal. Note the case cited with respect to this particular point.
Your fourth question has been answered above to the effect that no formal hearing would be required though such would not be prohibited if the city desired to hold such a hearing. Absence a hearing the city council could, by a majority vote, remove the city treasurer from office for the reasons recorded in the minutes of the meeting.