Request By:
Hon. John Marshall Prewitt
Attorney at Law
9 East High Street
Mount Sterling, Kentucky 40353
Opinion
Opinion By: David L. Armstrong, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
As City Attorney for the city of Jeffersonville, a sixth class city in Montgomery County, you raise the question as to who has the authority to hire and fire nonelected city officers. Your question really boils down to whether the mayor or the city legislative body has the power to appoint and remove nonelected city officers as well as city employees.
Every city of the sixth class must operate under the commission form of government consisting of four commissioners and a mayor. The commission is vested with all legislative, executive and administrative powers over the city pursuant to KRS 83A.140(3). Such powers, of course, would include establishment of all nonelected offices and positions of employment and the appointment of individuals to fill these positions. In addition, the commission would have the power to remove such individuals at will unless they are covered by some form of civil service or unless the commission itself enacts an ordinance restricting the removal except for cause. This is, of course, contrary to the over-all administrative powers given the mayor, including the power to hire and fire nonelected officers and employees under the councilmanic form of government.
The mayor, under the commission form, is a voting member of the commission. Otherwise, his powers are extremely limited but do include the powers to execute all bonds, notes, contracts and written obligations on behalf of the city that have been authorized by appropriate ordinance. See KRS 83A.140(4).
We might add that the city commission supervises all departments established by ordinance but may establish the office of city administrator pursuant to KRS 83A.090 to superintend the various departments of city government.