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Request By:

Honorable Louis A. Noll
Mayor, City of Edgewood
436 Dudley Road
Edgewood, Kentucky 41017

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General

This is in answer to your letter of June 17 in which you refer to the fact that a dispute has arisen between the mayor and certain members of the city council as to the degree of authority each exercises over city employes. The questions you raise are as follows:

"1. Is the Mayor or the City Council responsible for the assignment, supervision and performance of the day-to-day activities of city employees?

"2. To whom do these employees report?"

The mayor's powers are limited by statute and he has no authority except that which is expressly implied or conferred upon him by the city charter or by the council pursuant to ordinance. See KRS 86.200 (2) and McQuillin, Mun. Corps., Vol. 3, § 12.43. KRS 86.200 provides, in effect, that the mayor shall see that the laws and ordinances of the city are enforced and, in addition, he shall be the head of the city police and may command them to perform their duties. See George v. City of Lebanon, 424 S.W.2d 588 (1968).

On the other hand, the city council is vested with the administrative powers of the city, which includes the power to hire and fire city employes as well as supervise their employment activities. Such supervision could, however, be delegated to other officials, including the mayor. See Griffin v. City of Paducah, Ky., 382 S.W.2d 402 (1964), and OAG 67-536 [copy attached].

Under the circumstances, the city council is vested with the authority to supervise the performance of its employes but may delegate such supervision to other city officers such as the mayor. Normally, the employes in certain departments established by the city report to their immediate supervisors who, in turn, report to the city council.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1977 Ky. AG LEXIS 415
Cites (Untracked):
  • OAG 67-536
Forward Citations:
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