Request By:
Mr. John E. Covington, Jr.
P.O. Box 155
Scottsville, Kentucky 42164
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 14 in which you request an opinion concerning the following:
". . . I would like an opinion as to whether or not we are required to have a police department under the laws of the Commonwealth. If not could this possibly be turned over to the Sheriff's Department."
Our response to your initial question would be in the negative. KRS 95.700, which would apply to cities of the fourth class [to which Scottsville belongs], provides that the city legislative body may, by ordinance, establish a police department. The word "may" is permissive under KRS 446.010 (20). Also, the court, in the case of
Mangrum v. City of Mayfield, Ky., 305 S.W.2d 312 (1957), declared that the word "may" is permissive and gave a city of the third class under KRS 95.440 the option of operating under the provisions of Ch. 95. Of course, the language used in KRS 95.700 is similar to that in KRS 95.440 with respect to the word "may." As a consequence, the city of Scottsville is not required to operate a police department. However, if it does establish a police department, it will have to be established pursuant to Ch. 95.
Our response to your second question would also be in the negative as the sheriff has no authority to enforce city ordinances though he has countywide jurisdiction as a peace officer for the enforcement of state law.
We do believe however that, pursuant to an interlocal cooperation agreement under the terms of KRS 95.210 to KRS 95.300, the sheriff could receive authority to police the city. This act permits public agencies [cities and counties] to contract to do jointly that which they may by law do individually [see KRS 65.240]. If the agreement involves police action, the sheriff's department could be given complete jurisdiction to enforce the municipal ordinances under KRS 65.255. Such an agreement however must comply with the provisions of KRS 65.250 and be approved by the Attorney General before it can become effective.