Request By:
Mr. Buddy R. Salyer
City Attorney
151 East Main
Morehead, Kentucky 40351
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of October 14, in which the question is raised as to whether the mayor has the independent authority to appoint members of the Morehead Utility Plant Board. More specifically, your question is as follows:
"If a fourth-class city has an ordinance which has not been amended or repealed which provides that the Mayor shall make appointments to the Utility Plant Board, subject to the approval of the City Council, which ordinance was passed and adopted in 1949, does this ordinance still control the method of appointment in view of legislation, becoming effective in July, 1980, pertaining to the government of Kentucky cities?"
The ordinance to which you refer and have enclosed a copy of, indicates that the city elected to operate its utility system under the little TVA Act, KRS 96.550 to 96.900. As required by KRS 96.740, the ordinance provides that the members of the utility board shall be appointed by the mayor with the approval of the city legislative body. The terms of the little TVA Act would of course control the manner of appointing board members irrespective of a possible conflict with the general municipal code.
In any event, however, there is no conflict with the present law governing municipalities enacted in 1980. KRS 83A.080(2) authorizes the mayor to appoint all nonelective officers but only with the approval of the legislative body.
Consequently, the ordinance in question actually complies with the present law and continues to remain effective until repealed as provided in KRS 83A.020(2).