Request By:
Honorable Sandra D. Freeburger
Attorney at Law
P.O. Box 468
Sebree, Kentucky 42455
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of May 5 in which you, as city attorney for the city of Sebree [a city of the fifth class], relate that one of Sebree's city councilmen has failed to attend any council meetings during his term of office. The question is raised as to the proper procedure for removing the councilman in question.
Under the present charter of fifth class cities, namely Ch. 88 KRS, there is no provision for removing members of the city council though § 160 of the Constitution gives the state legislature the authority to so provide. As a consequence, at present the only way the councilman can be removed for neglect or failure to perform his duties is by impeachment before the General Assembly under the provisions of § 66 of the Constitution and KRS 63.020, etc.
However, the 1980 legislature enacted Senate Bill 26 which is a comprehensive revision of municipal legislation, effective July 15, 1980. Under Section 4, subsection (6), any elected officer, in the case of misconduct, inability, or willful neglect in the performance of the duties of his office, may be removed from office by an unanimous vote of the members of the legislative body exclusive of any member to be removed. No officer can be removed without being given the right to a full public hearing from which he has the right to appeal to the circuit court. No officer so removed shall be eligible to fill the office vacated before the expiration of the term to which he was originally elected.
We suggest that since you are the city attorney, it would be helpful for you to obtain a copy of Senate Bill 26 and also Senate Bill 41, the so-called Municipal Home Rule Act. Copies of these bills may be obtained from the Legislative Research Commission located here at the State Capitol.