Request By:
Honorable J. B. Spaulding
Mayor of Ravenna
Ravenna, Kentucky 40472
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of September 11 in which you initially raise the following question:
"When a financial statement is published is it necessary to also publish the checks that have been written for the entire year, if so, what is the required size of publication in the paper for 5th class city."
Publication of a financial statement of cities of the fifth class is controlled by KRS 424.220 which requires the publication of a detailed statement except with respect to the salaries of individual employes, which may be lumped together and noted on a yearly basis for each employe. In this respect, we refer you to the following excerpt:
". . . The statement shall show the amount of funds collected and received, from what sources received, the amount disbursed, the date of each disbursement, for what purpose expended, and to whom paid, except that only the totals of amounts paid to each individual as salary or commission and public utility bills need be shown . . ."
There is no statutory requirement concerning the size of the advertisement.
Your next question is as follows:
"How many times should bids for street repairs be published in the paper for 5th class city."
The answer to the above question is found under KRS 424.130(1)(b) which provides, in effect, that when an advertisement is for the purpose of informing the public or the members of any class of persons that they may submit a bid, the advertisement shall be published at least once but may be published two or more times, provided the publication occurs not less than seven (7) days nor more than twenty-one (21) days before the occurrence of the act or event, which would, of course, be the deadline for submitting bids.
Your third question is as follows:
"When a mayor has resigned, under what conditions is a mayor appointed to fill the position for the remaining time until election in a 5th class city."
When a mayor resigns, a vacancy is automatically created which is to be filled by the city council as provided in KRS 87.210. This appointment would be subject to the requirement of § 152 of the Constitution concerning the filling of vacancies for unexpired terms. The appointee would serve until an election can be held, which obviously could not be held this coming November election if, for example, the vacancy occurred immediately, or less than three (3) months before the November election as provided by the Constitution. On the other hand, it must be filled at the November, 1979 election if the term does not end that year because there is a statewide election which obviously would embrace the entire city.
Your fourth question is as follows:
"Under what conditions is a mayor elected at a primary election for a 5th class city under this situation."
In cities of the fifth class candidates for the office of mayor could run in the May primary for party nomination in the November election by filing a notification and declaration paper not less than 55 days before the May primary. On the other hand, we might mention that members of the city council cannot be nominated in the primary in view of the terms of KRS 118.105(4).