Request By:
Honorable Charles W. Ferguson
Counselor at Law
Kentucky Home Life Building
239 South Fifth Street
Louisville, Kentucky 40202
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 9 in which you, as city attorney for the city of Audubon Park [a fifth class city] in Jefferson County, raise the question concerning the filling of a vacancy that has occurred in the office of mayor. The council has, pursuant to KRS 87.210, filled the vacancy by appointment, however, the question is raised as to when an election must be held for the unexpired term.
Section 152 of the Constitution controls the filling of all vacancies in elective offices and requires such vacancies to be filled at the next regular election for any state or local office that will embrace the area in which such vacancies occur. See
Smith v. Ruth, 308 Ky. 60, 212 S.W.2d 532 (1948); and
Brumleve v. Ruth, 302 Ky. 513, 195 S.W.2d 777 (1946). Other than federal elections which do not qualify as elections to fill vacancies under Section 152, the only regular elections in Jeferson County in November, 1978 are school board elections throughout the state; however, they do not embrace the entire county and, therefore, may not embrace the city of Audubon Park.
On the other hand, if a local school board race this November does, in fact, embrace the entire city of Audubon Park, then the vacancy in the ofifce in question would have to be filled at that time for the unexpired term, and whoever is elected will immediately take office following the receipt of his certificate of election and of course his qualification. See