Request By:
Mr. Larry D. Collins
Attorney at Law
117 Main Street
Whitesburg, Kentucky 41858
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
As City Attorney for the City of Jenkins, you raise the following question:
"Can a City publish in a local newspaper the names and dollar amount of individuals who owe delinquent water and sewer bills, without being liable?"
In response to the above question, we find no specific statutory authority permitting or requiring the publication by the city of delinquent water and sewer bills. Also, the general publications act, Chapter 424, KRS, does not require such publication as it applies only to those publications required by law to be published. See KRS 424.110. An exception under this act is the list of uncollectible delinquent taxes, which must be published pursuant to KRS 424.330. In OAG 78-420 and 78-449, copies enclosed, this office took the position that the city in question had no authority to publish a list of delinquent ad valorem taxpayers since the city had not been given specific statutory authorization to do so.
On the other hand, since the enactment of the new municipal code of 1980, the legislature has given to cities of all classes home rule power, which means, in effect, the city has the power to perform any public function within its boundaries not in conflict with a constitutional or statutory provision. Thus, under the home rule authority it is possible that the city could, pursuant to appropriate ordinance, require the publication of the names of those persons who are delinquent in paying their sewer and water bills. However, since this section has not been tested out in court, the power to do so would remain questionable pending litigation.