Request By:
Mrs. Irene J. Kinneer
Box 296
Blackey, Kentucky 41804
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of May 2 in which you relate that the city of Blackey was reactivated in October, 1978 and the county judge appointed five (5) persons as members of the board of trustees, two (2) of which have resigned. Under the circumstances, the question is raised as to whether the county judge appoints two persons to fill the vacancies or the existing three members make such appointments.
KRS 88.230 provides that if a vacancy occurs in the board of trustees or in the entire board, the county judge/executive shall fill the vacancy by appointment for the time fixed in Section 152 of the Constitution.
Under the circumstances, therefore, the county judge/executive would fill the two vacancies created by the resignation of those members originally appointed by the board. Of course there will be a regular election this coming November for the next regular term for all members, and those members appointed at this time will serve the remainder of the unexpired term. See Section 152 of the Constitution.