Request By:
Honorable Bernard G. Watts
Attorney at Law
436 South Fifth Street
Louisville, Kentucky 40202
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of February 11 in which you on behalf of the city of St. Regis Park, a city of the fourth class, seek an opinion as to whether said city can appoint two rather than one city attorney to represent the affair of the city.
Our response to your question would be in the negative. KRS 69.560 provides that the legislative body of each city of the fourth class, other than those operating under the city manager form, may appoint a city attorney or provide, by ordinance, for his election. This statute clearly refers to the city attorney in the singular and we believe that the legislative intent was that the city may appoint only one attorney as city attorney or provided for his election.
It is true that KRS 446.020 provides, in effect, that a word importing the singular number only may extend and be applied to several persons as well as to one person and vice versa. However, there is also the rule that this construction is not invoked unless it is necessary to carry into effect the plain intention of the legislature. In this respect we refer you to the case of Commonwealth v. Barnett, 196 Ky. 731, 245 S.W. 874 (1922), from which we quote as follows:
"We are also aware that according to section 457 [KRS 446.020] of the statutes, 'A word importing the singular number only may extend and be applied to several persons and things, as well as to one person or thing,' and vice versa; but the statutory rule of construction is not invoked unless necessary to carry into effect the plain and manifest intention of the legislature. Where the intention is plainly manifest without a resort to the rule it will not be invoked. . . ."
Under the circumstances, we believe that the city of St. Regis Park can appoint only one attorney as its city attorney. Of course, in special cases a city no doubt may also employ the service of an attorney in private practice on a personal service contract basis to handle unusual cases or assist the city attorney in such matters.