Request By:
Honorable William C. Villines
Mayor, City of Providence
Municipal Building
Willow Street
Providence, Kentucky 42450
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 request an opinion concerning the following:
"Since the recent election, it has come to our attention that one of the new Councilmen elected to take office in January, was not a resident of the City for six months prior to the election. He moved into the City July 9, 1979.
"Our City Attorney has advised us that if this Councilman is seated without qualifications, that any action the Council might vote on would be pull and void, and could be legally contested."
In response to your question, the fact that the newly elected councilman is disqualified because of his residency requirements under KRS 86.050, would not affect the validity of his acts while serving as a member of the city council up until the time he is removed by judgment of the court. In this respect we refer you to the case of