Request By:
Mr. Steve Mahan
400 15th Street
Corbin, Kentucky 40701
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of April 12 in which you refer to the fact that you are presently the Assistant Fire Chief with twenty-two years of service. Recently the Chief of the Fire Department retired and someone else was appointed to fill this vacancy. It is, however, your contention that you deserve to be appointed because of your seniority.
The city of Corbin, a city of the third class, presumedly operates its fire department pursuant to KRS 95.430 to 95.470. There is nothing under this act that deals with seniority rights for members of the fire department nor are there any provisions concerning promotions under this act. These facts were pointed out in the case of Middlesboro v. Grubbs, Ky., 363 S.W.2d 95 (1962); and Seiter v. City of Covington, 290 Ky. 699, 162 S.W.2d 524 (1942).
Under the circumstances, therefore, members of the fire department have no seniority or promotion rights under the referred to act. As to whether or not the city, pursuant to its ordinance establishing the fire department under the terms of KRS 95.430, has established a system of promotions governed by seniority rights, we have no information and therefore will assume that none exists.
Concerning appointments, you will note under KRS 95.430 that the city legislative body has the authority to appoint a chief of the fire department which means that the city may appoint anyone it believes to be qualified for the job irrespective of their years of service, unless as we said the city has adopted an ordinance providing otherwise. As a consequence, you would not be entitled to assume the position of chief of the fire department simply because of tenure.
We might also point out that the city manager has the general authority to recommend to the city commission employees to be appointed unless of course civil service provisions adopted by the city provide otherwise. See KRS 89.570.
If you feel, as you contend, that your civil rights have been violated, you should consult with a private attorney.