Request By:
N.W. Younker
Route 2, Box 752
Worthington, Kentucky 41183
Opinion
Opinion By: Robert F. Stephens, Attorney General; Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of October 10, 1979 in which you relate that on August 20 you were appointed to fill the unexpired term of a member of the city commission of the City of Worthington and this November you are running for re-election to one of the six council seats. The question has been raised concerning the time for filling the vacancy to which you were appointed.
Since this November 6th election is the regular election for members of the city council the vacancy that you presently fill by appointment will not be filled in this election nor at any time during the remainder of the term ending in January, 1980. In other words as an appointee you will serve out the remainder of the regular term and if you are successful in receiving a sufficient number of votes in the November election to be among the six members elected you will take office the first Monday in January 1980. See KRS 87.170 and
Hester v. Robbins, 292 Ky. 12, 165 S.W.2d 817 (1942).
We trust the above information answers your questions, however if we can be of any further assistance please advise.