Request By:
Mr. Lance L. Duncan
City Councilman
City of Independence
1008 Club House Drive
Independence, Kentucky 41051
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of October 6 in which you refer to a meeting of the city council held on September 25, 1980 wherein a dispute occurred between the mayor and other members of the city council concerning the validity of a motion made by a member of the city council to establish a committee of three (3) councilmen to seek out and screen candidates to recommend to the council for appointment to the position of city building inspector. The mayor, on the other hand, has taken the position that he has the sole authority to recommend the person to be appointed as city building inspector. Under the circumstances, you raise the following questions:
1. (a) Is it the duty of the Mayor to recommend all nonelected city officials for appointment, with Council having only the right to accept or reject the Mayor's recommendation?
(b) Or, are the recommendations of the Mayor a matter of option, with the Council (by majority vote) having the right to name officials not recommended by the Mayor?
2. (a) Is it the sole authority of the Mayor to appoint all committee members, without Council having rights of rejection?
(b) Or, is it a right of the Mayor to recommend or appoint all committee members, but with Council (by majority vote) having the right to reject any of the Major's recommendations or appointments?
3. Is the Council within its rights to name committee members?
To begin with, the Informational Bulletin No. 132, issued in September, 1979, which appears to be the basis of the council's contention that it has the power of appointment, is no longer the law in Kentucky and has been superseded by Senate Bill 26, enacted at the 1980 session.
In response to your initial question, KRS 83A.080 (2) provides that all nonelected city officers shall be appointed by the executive authority of the city which is the mayor under the councilmanic form of government. See KRS 83A.010 (6). This section further says that all such appointments shall be made with the approval of the city legislative body. We also might mention that the mayor has at the same time authority to appoint all employees of the city under KRS 83A.130(9). Thus, regardless of whether the position of city building inspector is an office or a form of employment, the mayor makes the appointment. The only difference being that if it is an office so established by ordinance, the council must first approve the appointment.
In response to your second and third questions concerning committee appointments, here again the mayor, acting as chief executive authority of the city, would be authorized to appoint whatever committees he deems necessary for the operation of the city government. KRS 83A.130 gives the mayor the supervisory power over all departments of city government and the conduct of all city officers and employees. Subsection (11) of this section specifically provides that the city council shall not perform any executive functions except those functions assigned to it by statute. As a consequence, it would appear that the mayor has sole authority to appoint committees to assist in overseeing the proper administration of city government. On the other hand, the council does have the authority to establish various departments of city government by ordinance but the appointments to fill the positions so established in the various departments and the conduct of those appointees in the performance of their duties, is under the control of the mayor where the city operates under the councilmanic form of government.