Request By:
Mr. O. J. Johnson
Chief of Police
505 Commonwealth Avenue
Erlanger, Kentucky 41018
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
The questions raised in your letter of February 9 relate to the effect of the 1980 municipal code, Chapter 83A. KRS, on the day-to-day operation of the police department and we will attempt to outline the present law on this subject, which should effectively respond to your questions.
The city administrative officer is an office that the city legislative body may establish pursuant to KRS 83A.090. This section details some of the powers and duties to be assigned to the office which may be added to by the chief executive, or mayor in this instance, by executive order. There is, on the other hand, no specific authorization under the municipal code for a city personnel director though such position could conceivably be established by ordinance with certain duties and responsibilities assigned to it that are not assigned by statute and ordinance to the city administrative officer. However, if so established, the mayor, as chief executive officer of the city under the terms of KRS 83A.130 (3) and (4), has complete supervisory power over such position as well as the position of city administrative officer. The chief of police, on the other hand, has only those powers enumerated in KRS 95.740 and those assigned to him by ordinance. However, he is also under the supervision of the mayor as is all other executive officers and employees.
With respect to the operation of the police department, any deployment schedule, as mentioned in your letter, governing members of the department in their day-to-day operation must be approved by the mayor or such power delegated to the chief of police by the mayor pursuant to KRS 83A.130(7). On the other hand, the city legislative body has no authority perform any executive function or to authorize any officer to issue executive orders. This authority is the sole prerogative of the mayor under the terms of KRS 83A.130.
The city ordinances, copies of which you have enclosed, creating the office of chief of police, fixing his duties and providing for his supervision by the mayor, as well as the establishment of the office of city administrator, the fixing of the duties of this office and placing him also under the supervision of the mayor, appears to substantially comply with the provisions of the municipal code, which we have to some extent outlined above.
We also might point out that OAG 74-797 and the case of George v. City of Lebanon, referred to by you, predated the 1980 municipal code.