Request By:
Ms. Alice Davidson
City Clerk
City of Ravenna
Ravenna, Kentucky 40472
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of December 14 in which you relate that the mayor elected in November, 1977 in the city of Ravenna, a city of the fifth class, resigned on May 26, 1978 and the vacancy thus created was filled by appointment. created was filled by appointment. The question is raised as to whether the appointment was for the entire three (3) years remaining in the mayor's term or should it have been filled at the general election this past November, 1979.
Section 152 of the Constitution controls the filling of all vacancies in elective offices and provides that such vacancies must be filled at the next regular election embracing the area in which the vacancy has occurred. See Smith v. Ruth, 308 Ky. 60, 212 S.W.2d 532 (1948); and Brumleve v. Ruth, 302 Ky. 513, 195 S.W.2d 777 (1946).
Under the circumstances, there may have been a qualifying regular election in November, 1978 at which time the vacancy in the office of mayor should have been filled. However, be that as it may, it should have been filled at this last November election since it was in fact an election qualifying under the provisions of § 152 of the Constitution. However, since no election was held, a vancancy was thereby created and the council should have either reappointed the individual. holding the office by appointment or should have appointed someone else to serve until the November, 1980 election at which time it must be filled pursuant to the constitutional section mentioned for the unexpired term.
Whoever is elected at the 1980 general election for the office of mayor will take office immediately after he receives his certificate of election and is able to qualify and will serve for the remainder of the unexpired term ending on the first Monday in January of 1982. See Jones v. Sizemore, 111 Ky. 810, 79 S.W. 229 (1904).