Request By:
Col. Wilbur H. Gasdorf, Jr.
175 Johns Hill Road
Highland Heights, Kentucky 41076
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of recent date in which you relate that the city council of the city of Highland Heights, a city of the fifth class, refuses to start council meetings until the chief of police is present on the grounds that this is required by law. You raise the question as to whether or not this is correct.
KRS 95.730 (2) does require [in cities of the fourth and fifth class] the chief of police to attend all sessions of the city legislative body. This statute, however, has been repealed by Senate Bill 26, effective July 15. Thus, after July 15, the city council would have to specifically provide in its ordinances governing the police department, that the chief of police attend all meetings of the city legislative body in order to preserve this requirement. Provision could be made that the chief may designate another officer to represent him at the meetings.