Request By:
Mr. Kenneth Whittaker
Route 1, Eastland Acres
Lancaster, Kentucky 40444
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
As chief of police of a fifth class city you initially raise the question as to whether or not said chief must live within the city or county in order to hold his position. Our response would be in the negative for the reasons explained in a miscellaneous letter addressed to Hugh O. Skees, dated March 23, 1982, copy enclosed. The law related in this letter would apply equally to cities of the fifth class in spite of the residency requirements found in KRS 95.710.
You next raise the question as to whether or not a mayor of a fifth class city can hire the chief of police.
Under the present municipal code, particularly KRS 83A.080 relating to the appointment of nonelective city officers, this office has construed said provisions as applying to police officers who are considered municipal officers. This statute authorizes the mayor to appoint such officers with the approval of the city legislative body. However, the 1982 General Assembly has amended the municipal code, and particularly KRS 83A.130(9), concerning the appointment authority of the mayor with respect to city employees generally and provided that such employees shall include police officers, thereby giving the mayor the exclusive appointing authority of such officers without the approval of the city legislative body. This subsection reads as follows:
"(9) The mayor shall be the appointing authority with power to appoint and remove all city employes, including police officers, except as tenure and terms of employment are protected by statute, ordinance or contract and except for employes of the council." (Emphasis added.)
The above referred to amendment to KRS 83A.130 does not, however, become effective until July 15, 1982.