Request By:
Mr. Ijellan Akers
City of Catlettsburg
Catlettsburg, Kentucky 41129
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 10 in which you raise the following question:
"If an elected councilman, in a city of the Fourth Class, is unable to take office in January, what is the procedure to fill his vacancy? "
The answer to your question is found under KRS 83A.040 (4) which provides in effect that if one or more vacancies on a legislative body occur, the remaining members shall within thirty days fill the vacancy, giving the appointee reasonable notice of his selection. Subsection (5) further provides that if for any reason any vacancy on the legislative body is not filled within thirty days after it occurs, the Governor shall promptly fill the vacancy by appointment of a qualified person who shall serve for the period as if otherwise appointed.
Thus, if a duly elected member of the city council fails to assume office on the first Monday in January, the remaining incoming council must fill that vacancy within thirty days thereof. Otherwise, the Governor would have to fill it. Such appointee would serve until the position can be filled at an election for the unexpired term in accordance with Section 152 of the Constitution.