Request By:
Mr. Julius A. Daugherty
Member, Board of Trustees
P.O. Box 116
Phelps, Kentucky 41553
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of February 7 in which you raise a number of questions concerning the appointment of deputy town marshals in cities of the sixth class.
Pursuant to KRS 95.800(4) the town marshal, appointed by the board of trustees or elected by the people pursuant to KRS 95.790, may, in turn, with the approval of the board, appoint deputy marshals. In other words, no one can be appointed as a deputy marshal by the marshal without the consent and approval of the board of trustees. The board itself does not appoint deputy marshals. At the same time, the board may remove any deputy marshal without cause as held in OAG 69-620.
In response to your last question, the town marshal is directly responsible to the board of trustees. He has certain powers enumerated under KRS 95.800, however, his duties and responsibilities as city marshal of the city stems from the board of trustees as detailed pursuant to ordinance. See KRS 95.800(8).