Request By:
Mr. Buddy R. Salyer
Morehead City Attorney
City of Morehead
Morehead, Kentucky 40351
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 16 in which you initially relate that the city of Morehead [a city of the fourth class] has for several years employed a person designated as city administrator. This individual has had a number of functions, all of which have been on an informal basis, however, in an attempt to clarify the powers, duties and responsibilities between the mayor and the city administrator, the city council has proposed to enact an ordinance [a copy of which you attach] setting forth the powers and duties of the city administrator. Under the circumstances, you raise the following questions concerning the legality of said ordinance:
(1) Can the City of Morehead create the position of City Administrator?
(2) If the City can create the position, which of the duties, as set out in the Ordinance, can be delegated to him, and which cannot?
(3) Do any of the duties, as set out in the Ordinance, infringe on the powers, duties or responsibilities of the Mayor?
(4) Is the Council unable to delegate any of the duties, as set out in the Ordinance, to the City Administrator?
Section II of the proposed ordinance reads as follows:
"SECTION II. The duties and responsibilities of the City Administrator shall be as follows:
"A. Plan, organize, coordinate, and supervise the day to day administration of all city departments, with the exception of the Police Department; all department heads are to report directly to the City administrator with the exception of the Chief of Police.
"B. Make necessary recommendations as to city policy to the Mayor and City Council.
"C. Assist the Board of City Council in developing and implementing city policy.
"D. Prepare and present draft budgets for the city and any other reports which the City Council may require from time to time; advise the Mayor and Board of City Council of the financial conditions of the city upon request and from time to time.
"E. Act as purchasing agent for the city of Morehead, supervising all purchasing by said city, including that by the Police Department.
"F. Act as personnel officer for the city of Morehead, implementing personnel policy as set by the Board of City Council, making suggestions and recommendations to said council on the subject of personnel, and supervising all payroll and employee benefit matters.
"G. Draft and research proposed city ordinances and resolutions, as requested by the Board of City Council from time to time, and as seen to be necessary in the discretion of the Administrator.
"H. Plan and implement the development of the physical and human resources of the City, in coordination with all appropriate private and governmental agencies, and individuals.
"I. Serve as liaison for the City of Morehead with the various public and private boards and committees which exist in the area to assist in the development of our community.
"J. Serve as public relations officer for the city of Morehead, and plan, develop and execute, in conjunction with the City Council, a program of public relations for the city.
"K. In his discretion, to delegate any of the above duties to such city personnel as he deems capable of carrying them out."
The answers to your questions are of course based upon the extent of the mayor's statutory powers and whether or not such powers have been delegated to the city administrator under the ordinance. The mayor's powers are limited by statute and he has no authority except that which is expressly implied or conferred upon him by the city charter or by the council pursuant to ordinance. See KRS 86.200(2) and McQuillin, Mun. Corps., Vol. 3, § 12.43. KRS 86.200 provides, in effect, that the mayor shall see that the laws and ordinances of the city are enforced and, in addition, he shall be the head of the city police and may command them to perform their duties. See George v. City of Lebanon, 424 S.W.2d 588 (1968).
On the other hand, the city council is vested with the administrative powers of the city, which includes the power to hire and fire city employes as well as supervise their employment activities. Such supervision could, however, be delegated to other officials, including the mayor. See Griffin v. City of Paducah, Ky., 382 S.W.2d 402 (1964), and OAG 67-536 [copy attached].
KRS 86.200 reads in detail as follows:
"(1) The mayor shall see that the laws and ordinances of the city are enforced and observed.
"(2) The mayor may require written information from any city officer upon any subject relating to the duties of that officer.
"(3) The mayor shall be the head of the city police, and may command them in the performance of their duties. He shall be a conservator of the peace, and when he considers it necessary in order to enforce the laws of the city, save life or property, or quell riots or mobs, he may summon into service any of the citizens, either civil or military, and in such cases he shall be present and command in person. The city council shall, by ordinance, prescribe fines and penalties for disobedience of the mayor's orders and summons.
"(4) The mayor shall perform any other duties imposed by ordinance. "
The mayor has additional appointment authority to various boards and commissions that are cross-referenced under KRS 86.200, which we will not otherwise refer to as they do not appear to be pertinent to your questions.
As can be seen, the mayor's powers are extemely limited by statute, however, he may be assigned other duties by the city legislative body pursuant to ordinance. At the same time, however, the city council can create minor city positions basically of an advisory capacity or to carry out whatever duties that are not specifically given to other elected or appointed city officers, including the mayor. We have taken the position previously that a city can establish the position of city administrator to advise the city council in whatever area of city government that is not assigned to other officers either by statute or by ordinance.
After reviewing the responsibilities given the city administrator by the enclosed ordinance, excepting the areas mentioned involving the police department which was clearly settled as being that of the mayor in the City of Lebanon case, supra, and the power to hire and fire city employes, which is of course basically vested in the city legislative body, we do not find any basic conflict between such responsibilities and those of the mayor that are imposed by statute. Of course, many of these responsibilities could and normally are delegated to the mayor by ordinance, but this does not necessarily mean that they must be or that he has the power to assume such duties in absence of appropriate ordinance giving him such powers.