Request By:
Honorable Chester H. Wolf
Mayor, City of Middlesboro
P.O. Box 756
Middlesboro, Kentucky 40965
Opinion
Opinion By: Steven L. Beshear
This is in response to your letter of May 5 in which you enclose a copy of an ordinance which had its first reading at a regular meeting held on April 7, 1981. It had its second reading at a meeting held on April 19 but was not voted upon at the request of the city attorney who said he wished to study the ordinance to determine whether or not it was proper in form, etc. Then at a regular council meeting held on May 5, the same ordinance was introduced by a member of the Finance Committee sponsoring the ordinance and passed by the council based on the fact that it had had two previous readings. Under the circumstances, you raise the following questions:
"1) Does the Finance Committee or any other committee or council member have the right to introduce an ordinance, unknown or unseen by the Mayor, for passage at a council meeting.
"2) Can an ordinance contain more than one subject as does the enclosed ordinance which contains seven (7).
"3) Would it be proper for the enclosed ordinance to have two readings done in the manner so described, or would it be necessary for re-introduction and again passed on two readings.
"4) Does the council in a 3rd class city have the right to take away the authority of the Mayor and delegate it to its own members or any other person by passing an ordinance to this effect."
In response to your initial question, the introduction and passage of an ordinance is purely a legislative matter over which the mayor has no control. Thus, an ordinance is not required to be reviewed or approved by the mayor prior to its introduction and passage. See KRS 83A.060. Of course, after the passage of an ordinance it then must be submitted to the mayor for his approval or veto under the terms of KRS 83A.130 (6). We might also add that a proposed ordinance can only be introduced by a member of the legislative body though if introduced otherwise, its passage pursuant to KRS 83A.060 would undoubtedly cure this defect.
In response to your second question, KRS 83A.060 (1) provides that each ordinance shall embrace but one (1) subject and shall have a title which shall clearly state the subject. See also the case of
Silva v. City of Newport, 119 Ky. 587, 84 S.W. 741 (1905). As to whether or not the enclosed ordinance has multiple subjects as implied in your question, in violation of the referred to statute, would be a question for the courts to determine.
Our response to your third question would be in the affirmative as we believe the two (2) readings of the ordinance were in compliance with KRS 83A.020. The fact that the ordinance was not passed until the following meeting of the city council is of no consequence. The referred to statute simply requires that an ordinance shall not be enacted until it has been read on two (2) separate days.
In response to your fourth question the council can establish nonelective offices and departments by ordinance that it deems necessary in order to properly operate the city government and at the same time detail the duties and responsibilities of such offices and departments. However, the council cannot delegate the statutory authority given the mayor to supervise and be responsible for the administration of such departments and officers. See OAG 83A.130 (3).
KRS 83A.130 (11) provides that the council shall not perform any executive functions except those functions assigned to it by statute. If subsection (1) of the enclosed ordinance, declaring that the finance committee (which we understand is one of the committees formed by the council and made up of certain members of the council) shall supervise and direct the city clerk in carrying out his duties assigned to him by ordinance, is attempting to assign executive functions to said committee, it would be of questionable validity. On the other hand, if the intent of subsection (2) is merely to insure that the finance committee, and ultimately the council, receives adequate information in the areas covered by the ordinance, then no problem would arise.