Request By:
Honorable Max Lively
Attorney at Law
Box 47
Ashland, Kentucky 41101
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of April 26 in which you raise the following question:
"Is it permissible for a person who is appointed (not elected) to hold the position of City Treasurer in one town while living in another town, but within the same county?"
Our response to your question would be in the negative. The city treasurer of the fifth class city is a municipal officer appointed for a two-year term pursuant to KRS 87.170. KRS 87.160 provides, in effect, that no person shall be eligible to hold any office in the city unless he is a resident and qualified voter in the city, and has resided in the city for one year next preceding the date of his election or appointment.
Under the circumstances therefore, the city treasurer must not only be a legal resident of the city but also a qualified voter, which means a registered voter, within the city.