Request By:
Mr. Thomas J. Roberts
Attorney at Law
P.O. Box 69
Middlesboro, Kentucky 40965
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of November 13, concerning the mayor's authority to hire a city attorney and fix his compensation.
Following the repeal of those statutes governing the appointment or employment of city attorneys for various classes of cities found under Chapter 69 KRS, by the 1980 legislature, the city legislative body is now empowered to establish the office of city attorney or provide for the employment of an attorney pursuant to an appropriate ordinance. KRS 83A.080 (1) and (2) authorize the council to establish by ordinance the office of city attorney in the manner therein provided and, of course, at the same time detail his duties and compensation. Once the office is established, subsection (2) authorizes the mayor to appoint someone to the office subject to the approval of the council.
If the city does not wish to establish the office of city attorney, it may, under its general home rule power, establish the position as a form of employment and fix the compensation. If the position is established as a form of employment, then the mayor would have the authority, pursuant to KRS 83A.130(9), to hire an attorney to represent the city without the consent of the city legislative body.
The city legislative body would also have the authority under its home rule power to authorize the execution of a personal service contract to employ the services of an attorney on an hourly basis, and once such contract is authorized and funds appropriated, then the mayor would have the authority to execute the contract on behalf of the city legislative body under the terms of KRS 83A.130(8). In this respect we are enclosing a copy of a miscellaneous letter addressed to Benis Venable, dated July 2, 1981, setting forth the power of the mayor to execute contracts generally.