Request By:
Honorable Richard A. Jarvis
Assistant City Solicitor
Department of Law
City of Newport
Newport, Kentucky 41071
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of February 20 in which you raise the following question:
"Does KRS 83A require one reading or two for municipal orders in a city of the Second Class?"
In response to the above question, municipal ordinances must be read on two (2) separate days pursuant to KRS 83A.060, however, such requirement would not apply to municipal orders which are governed by the provisions of subsections (12) and (13) of this statute. Under these sections, the city may adopt a municipal order in lieu of an ordinance to be used for matters relating to internal operations and functions of the municipality and to appoint or remove or approve the appointment or removal of boards, commissions, etc. Such municipal orders must be in writing and may be adopted only at an official meeting.
The statutes mentioned above do not require two readings for municipal orders as in the case of ordinances and, as a consequence, a single reading of such an order at a particular meeting would be sufficient for its enactment in our opinion.