Request By:
Mr. Bremer Ehrler
Jefferson County Clerk
Courthouse
Louisville, Kentucky
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of March 3, in which you enclose a copy of an ordinance enacted by the Board of Alderman of the City of Louisville abolishing the office of Comptroller and Inspector effective November 30, 1983, the year in which this office would normally be filled for the regular term. At the same time you relate that a candidate filed for this position on January 14, 1983. The question is raised as to whether or not this office must be placed on the ballot this coming November.
Our response to your question would be in the negative. The office of comptroller and inspector was established as an elective office under KRS 91.080 which was repealed by Chapter 232, Section 7 and Chapter 235, Section 20 of the 1980 Acts, effective July 15, 1980. One of the acts repealing the office in question also enacted the Municipal Code and both acts were approved by the governor on April 9, 1980.
KRS 83A.080(3) provides in effect that each elected city office existing upon the adoption of the Code continues until abolished by ordinance except of course the offices of mayor and members of the legislative body. The ordinance in question enacted on February 15, abolished the office of comptroller and inspector effective, of course, at the end of the present term referred to above. The fact that a candidate filed for the position for the ensuing term prior to the enactment of the ordinance is of no significance in our opinion, as the city legislative body had the authority to abolish the office under the terms of KRS 83A.080(3) as long as it was done not less than 270 days before the next regular election, the case in this instance. Aside from this we seriously doubt that the ordinance was necessary in the first place since the office in question was abolished by the state legislature at the same time the Municipal Code was enacted including the statute pursuant to which the ordinance was passed. So in effect the office was not in existence at the time the municipal code became effective.
Under the circumstances the office in question cannot go on either the primary or general election ballot and you should so notify the candidate who filed for the office.