Request By:
Honorable R. C. Miller
Mayor, City of Corbin
Corbin, Kentucky 40701
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 9 in which you relate that the city of Corbin has adopted an ordinance establishing a tourist and convention commission in compliance with KRS 83.345. You raise the question as to whether or not a nonresident of the city may be appointed to the commission under the provisions of the above referred to statute.
Our response to your question would be in the affirmative as we find no residential requirement under the terms of KRS 83.345. As you know the members of the commission are appointed from lists submitted by the variously named business associations, the mayor and the county judge where it is a joint commission, however, we find no requirement that those to be appointed must reside within the city.
We also might mention that though the commission members may in this instance be considered minor city officers, the constitutional requirement that municipal officers must reside within their respective municipalities found under § 234 of the Constitution applies only to those officers named in the Constitution. See Newport v. Schindler, 449 S.W.2d 17 (1970).
Under the circumstances, we are of the opinion that persons appointed to the city tourist and convention commission may be nonresidents of the city.