Request By:
Mr. Hansel House
300 Broadway
Nicholasville, Kentucky 40356
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 10 in which you raise the following question:
"Nicholasville is a Fourth Class City. We have had a Commission Form of Government for the past four (4) years. I have been elected as city commissioner. I say that KRS 241.170 (2) speaks for itself, because we do have a city manager. The Mayor told me that he was the one who appointed the A.B.C. City Administrator. "
KRS 241.170 (2) reads as follows:
"The city administrator in each city of the second, third or fourth class shall be appointed by the city manager if there is one. If there is no city manager, the city administrator shall be appointed by the mayor."
It is obvious from the above that if the city of Nicholasville operates under the city manger-commission form of government pursuant to KRS 89.390 to 89.680, the city manager, whose position is created pursuant to KRS 89.560, appoints the city ABC Administrator. On the other hand, if the city of Nicholasville operates solely under the commission form of government pursuant to KRS 89.030 to 89.290, the office of city manager does not legally exist and, as a consequence, the mayor would be the appointing authority for the city ABC Administrator.
Thus, the answer to your question depends upon the form of government under which Nicholasville actually operates. In this respect, we have reason to believe that it is actually operating under the commission form of government rather than the city manager-commission form of government, but this is a matter that we have no firm information. You will have to seek the applicable city ordinances under which the city proceeded to adopt the present form of government as no state records are kept on this matter.