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Request By:

Mr. Hobert New
Chief of Police
P.O. Box 518
Monticello, Kentucky 42633

Opinion

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

This is in answer to your letter of October 4 in which you ask the following question:

"If a member of the city council moves outside the city, does that member have to resign from the council or can he legally continue to serve as a member of the council?"

In response to your question, reference is made to KRS 86.050 which requires each member of the city council to be a qualified voter in the city, which means that they must be legal residents of the city. This residential requirement must continue throughout the councilman's term of office, and if the councilman moves out of the city during his term, he becomes disqualified and should resign.

In the event the councilman does not resign, the city council is authorized to remove him by a vote of three-fourths of the members pursuant to KRS 86.060(2) and as held in OAG 74-536, a copy of which we are attaching. However, even though disqualified, his acts while serving on the council would be valid as he would be serving as a de facto officer.

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 161
Cites (Untracked):
  • OAG 74-536
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