Request By:
Mr. Lyle Pierce
405 Wood Street
Albany, Kentucky 42062
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of April 6 in which you initially raise the following question:
1. Is a fifth class city allowed to have a Police Commissioner.
Only the city legislative body can create or establish nonelective offices such as the office of police commissioner within the police department and fix his duties and powers. See KRS 83A.130 (2). However, the person appointed to fill such position would be under the direct supervision of the mayor pursuant to KRS 83A.130 (3).
Your second question is as follows:
2. Can a Mayor of a fifth class city give this commissioner or any one member of the city council authority to hire and fire on the police force.
Only the mayor can hire members of the police department or any other nonelective officer with the approval of the city legislative body; however, he may remove members of the police department or other nonelective officers at will, unless the officer is under civil service [which you indicate is not the case], or unless the police department participates in the Law Enforcement Foundation Program under KRS 15.520, or unless the city legislative body has enacted an ordinance to the effect that no nonelected officer or police officer can be removed without legal cause and a hearing. See KRS 83A.080 (2). We should mention that under the Law Enforcement Foundation Program no police officer can be removed without just cause and a hearing as provided in KRS 15.520.
Your third question as to whether or not a member of the police force is entitled to a hearing before dismissal has been answered above.