Request By:
Honorable Larry B. Hall
Mayor, City of Martin
c/o Hall's Pharmacy
Box 230
Martin, Kentucky 41649
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of March 15 in which you initially raise the question as to what constitutes a quorum in a city of the fourth class composed of six (6) councilmen and a mayor.
KRS 83A.060 (6) provides that unless otherwise provided by statute, a majority of the members of a legislative body shall constitute a quorum and a vote by a majority of a quorum shall be sufficient to take action on a matter before the body. Pursuant to this statute a majority of the members of the city council of a fourth class would be four (4) members. The mayor, of course, is not a member of a legislative body. See KRS 83A.060 (5).
Your second question concerns the vote required of members of the council in order to override a veto. quedtion is found under KRS 83A. is found under KRS 83A.130(6) 130 (6) which provides, in effect, that the mayor's veto stands unless the council votes to override it by the affirmative vote of one more than the majority of the membership. This means that it would take five (5) affirmative votes out of the six (6) man council in order to override an ordinance vetoed by the mayor.
You next raise the question as to whether or not the city council can transact business whenever there are three (3) members of the council present plus the mayor.
The answer to the above question would be in the negative since there must be a quorum present consisting of four (4) of the six (6) members in order for any business to be transacted. The mayor is not a member of the council as we have mentioned above though he may vote when it is necessary to break a tie vote on any measure before the council. See KRS 83A.130 (5).
Your next question concerns a regularly scheduled meeting of the council at which five (5) members of a six-man council were present, together with the mayor. During the meeting two (2) councilmen left, leaving three (3) councilmen and the mayor. The question is raised as to whether the meeting can continue under these circumstances.
The answer to the above question would be in the negative since three (3) members of the city council do not consitute a quorum, and the mayor cannot be considered as a member as we have pointed out in response to a previous question.
Your next series of questions is as follows:
What is the legal procedure a councilman may resign from 4th class city? Does it have to be in writing, and presented to council or mayor, etc., made part of city minutes.
Can mayor veto any of this action or what can executive authority legally veto.
Can mayor by executive order fire the chief of police for insubordination in a fourth class city under mayor-councilmanic form.
When a councilman resigns, he must do so in writing as required by KRS 63.010. His written resignation must be directed to the body entitled to fill the vacancy which would be the council as provided in KRS 83A.040 (4). The mayor cannot veto the acceptance of the resignation nor the action taken by the city council in filling the vacancy which shoudl be done by a legislative order as provided in KRS 83A.060 (13). The mayor's veto power applices only to city ordinances as provided in KRS 83A. 130 (6).
Your last question as to whether or not the mayor can fire the chief of police for insubordination by executive order is answered in the affirmative unless the officer is under civil service or the police department is funded under the law enforcement program, in which case the officer can only be removed pursuant to a hearing as provided in KRS 15.520. Also, the city legislative body may enact an ordinance requiring a hearing before any officer or employe of the city can be removed under the terms of KRS 83A.080 (2) and KRS 83A.130 (9). These subsections authorize the mayor to remove any municipal officer or employe at will unless otherwise provided by law.