Request By:
Mr. Robert W. Heaton
City Attorney
Box 368, 220 N. 5th Street
Bardstown, Kentucky 40004
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 12, in which you raise the following question:
"With the enactment of the new home rule and the creation of KRS Chapter 83, a question has arisen as to whether or not all nonelected city offices have to be filled by someone living in the city."
In response to your question, only those officers elected by a vote of the people which include members of the legislature and the mayor are required to reside within the city in order to be qualified to serve. See KRS 83A.040 and Section 234 of the Constitution.
On the other hand there is no residential requirements for those persons holding nonelective offices established by the city council pursuant to KRS 83A.130(12). However, it would appear that the city under its home rule authority, KRS 82.082 would have the power to require by ordinance that all such officers live within the city.