Request By:
Mr. Irvin T. Callery
103 E. 32nd Street
Latonia, Kentucky 41015
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of November 22 in which you wish to be advised as to what procedure a citizen may take to remove a city official from office, such as a mayor or city commissioner. You refer specifically to the city of Covington, a city of the second class operating under the city manager form of government.
In response to your question we are enclosing a copy of OAG 66-637 in which reference is made to KRS 89.530 also governing the city of Covington. This statute provides in case of misconduct, incompatibility or, wilful neglect in the performance of the duties of his office, the mayor or any city commissioner may be removed from office by an unanimous vote of the other members of the board of commissioners. Such officers are, of course, entitled to a public hearing as the statute provides. For your information this statute reads as follows:
"In case of misconduct, inability, or wilful neglect in the performance of the duties of his office, the mayor or any commissioner may be removed from office by a unanimous vote of the other members of the board of commissioners. No such officer shall be so removed without having been given the right to a full public hearing with representation by counsel, and with witnesses summoned in his behalf and required to testify. The findings of fact at the hearing, and the reasons for removal, shall be stated in writing and filed as a matter of public record."
In answer to your question, KRS 89.530 provides the normal procedure for removing the mayor or commissioner from office. Of course, any citizen can bring charges against these officials before the commission, and if any substance exists in the charges, the referred to statute could be activiated.
On the other hand, any citizen can file a petition for impeachment with the House of Representatives pursuant to KRS 63.030 or the Senate pursuant to KRS 63.060 against any officer. See also Const. 66 to 68.