Request By:
Mr. G. Anthony Mills
Attorney at Law
Rivertown Plaza
Brandenburg, Kentucky 40108
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
It has been brought to our attention that in OAG 81-8 responding to your question concerning the appointment of a chief of police in the city of Ekron, a sixth class city, we inadvertently stated that S.B. 26 required all cities of the sixth class to convert to the councilmanic form of government. The fact is that this class of city is required to convert to the commission form of government under KRS 83A.020 (1) which vests all legislative, executive and administrative power in the city commission pursuant to KRS 83A.140 (3).
As a consequence, the city commission, rather than the mayor, has the sole authority to appoint municipal officers and employees, including the chief of police. Consequently, a portion of OAG 81-8 to the contrary is withdrawn.
We are attaching a copy of OAG 80-439 concerning the procedure for converting sixth class cities to the commission form of government.