Request By:
Mr. B. T. Wadkins
Raceland Police Department
711 Chinn Street
Raceland, Kentucky 41169
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of August 10 in which you as Chief of Police of the city of Raceland raise the question as to who has the day-to-day control of the police department, citing KRS 95.740(3) as implying that the chief commands the police force of the city.
The City Attorney's advice to you that the Mayor supervises and controls the operation of the police department as well as all other departments and agencies of the city is correct, and we are enclosing a copy of the letter to Mr. O. J. Johnson dated February 18, 1982 and a copy of OAG 82-258 covering this question.
With reference to the provisions of KRS 95.740 which details the powers of the chief of police and policemen and which contains language under subsections 3 and 4 to the effect that the chief has the authority to appoint deputies by and with the consent of the legislative body and appoint special policemen by and with the consent of the mayor, does not affect the mayor's overall authority and control of the police department as pointed out in the enclosed correspondence. As a matter of fact, we believe that the appointing power detailed in KRS 95.740(3)(4) has been superseded and repealed by implication by the 1980 Municipal Code wherein it specifically provides under KRS 83A.080(2) and 83A.130(9) that the mayor shall have the sole authority to appoint all non-elective officers of the city as well as all employees, including police officers. You will note in OAG 82-258 a specific quote of subsection 9 of KRS 83A.130 which bears on this subject.
The fact that the 1980 Code including the referred to provisions was enacted subsequent to KRS 95.740 means in our opinion that any conflict between the two must be resolved in favor of the Code provisions which contain the later enactment covering the subject. The general rule is that if two statutes are repugnant to each other, the later statute must prevail. See
Head v. Commonwealth, 165 Ky. 606, 177 S.W.2d 238 (1915),
Butcher v. Adams, 310 Ky. 205, 220 S.W.2d 398 (1949), and
Heady v. Commonwealth, Ky., 597 S.W.2d 613 (1980).
Under the circumstances, it is the opinion of this office that the mayor has the day-to-day control of the police department including the appointment and removal of the chief as well as all other police officers whether they be classified as deputies or special or extra policemen.