Request By:
Honorable David A. Lanphear
Attorney at Law
P.O. Box 1867
Bowling Green, Kentucky 42101
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of December 17 in which you, on behalf of the city of Bowling Green, request an opinion concerning the city's police and firemen's pension fund.
You raise the question as to whether or not KRS 95.872 (3), which directs that the city treasurer act as ex officio treasurer of the board of trustees of the pension fund, would permit the finance director of the city to act as treasurer of the pension fund when, in fact, he is the department head for all matters concerning the city's finance and treasury and is supervisor over the city treasurer.
KRS 92.030 provides for the election of a city treasurer in cities of the second class, however, following the adoption of the city manager-commission form of government by the city of Bowling Green, all elective offices were ipso facto abolished pursuant to KRS 89.420 which would include the office of city treasurer.
At the same time, under the city manager form of government, KRS 89.580 authorizes the city to establish various administrative departments of the city which we assume has been done in this instance by ordinance and which resulted in the establishment of a finance department headed by the mentioned director under which the so-called city treasurer serves. Assuming this to be the case, we believe that KRS 95.872 (3), requiring the city treasurer [established under the councilmanic form of government] to serve as ex officio treasurer of the pension fund, could be interpreted to authorize the administrative head of the department of finance [established under the city manager governmen] to serve as ex officio treasurer to the board.