Request By:
Honorable Richard S. Nelson
Attorney at Law
11 West Sixth Street
Covington, Kentucky 41011
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 24 in which you refer to the fact that a duly elected member of the city council of the city of Fort Mitchell failed to execute the oath of office on or before the first Monday in January, 1978, which was the beginning of the new term of office. The individual's failure to execute the oath was apparently due in part to illness and the question is raised as to whether or not such individual can now take the oath of office and legally enter upon the duties of same.
In response to your question, the courts have taken the position in interpreting the provisions of KR 62.010 (2) requiring the oath to be executed on or before the day of the term of office begins, as being directive in the sense that if the oath is executed within a reasonable time after such date, such person would be qualified to serve provided he had a reasonable excuse for the delay. In this respect we are enclosing a copy of OAG 64-622 which cites the case of Lewin v. Ft. Mitchell, 148 Ky. 816, 147 S.W. 922 (1912).
The question to determine of course is what is a reasonable time, provided there is sufficient excuse for the dealy and this can only be determined by the courts. However, in view of the related facts which indicate illness on the part of the individual in question, we believe that the oath could still be executed and the individual would be legally qualified.