Request By:
Mr. Frank Lucician
Community Planner
FIVCO Area Development District
P.O. Box 636
Catelettsburg, 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 October 17 in which you raise the question as to whether or not the city council must approve an appointment to the planning commission when said appointment occurs because of a vacancy.
Our response to your question would be in the affirmative. The two statutes pertinent to your question are KRS 100.141 and KRS 100.147 which read as follows:
100.141
"The mayor of each city entitled to one or more members and the county judge of each county shall appoint the members of the planning commission with the approval of their respective legislative bodies."
100.147
"Vacancies on the planning commission, shall be filled within sixty (60) days by the appropriate appointing authority. If the authority fails to act within that time, the planning commission shall fill the vacancy. When the vacancy occurs other than through expiration of the term of office, it shall be filled for the remainder of that term."
You will note that the mayor is given the authority to appoint members of a planning commission with the approval of the city legislative body under KRS 100.141. Under the vacancy section, all vacancies on the commission are to be filled by the appropriate appointing authority. The two statutes must be read and interpreted together to ascertain the legislative intent.