McCloud v. Whitt
McCloud v. Whitt
Opinion of the Court
The Greenup Circuit Court in a declaratory judgment action has concluded that the mayor of Worthington, Kentucky, a city of the fifth class, could not remove the city’s chief of police without first holding a due process hearing and that the chief of the Worthington Volunteer Fire Department could only be removed by vote of the Worthington City Council, which body had appointed the fire chief. The mayor has appealed from this judgment; the appellees are the police chief and the members of the city council. Because we are of the opinion that under current statutory provisions the mayor was empowered to remove these officers and that no prior hearing was required in the case of the police chief, we reverse and remand.
It is clear from a comparison of the current statutes with their predecessors that in enacting KRS chapter 83A in 1980 the Legislature intended to place a far greater degree of authority in mayors of fifth-class cities with respect to the appointment and removal of nonelective city officers than had previously been the case.
KRS 15.520
As to the removal of the police chief without a prior hearing, we hold that the appellant acted within the authority granted to him by statute.
We cannot agree with the circuit court’s determination that because the volunteer fire chief was appointed by council ordinance, council action should be required to dismiss him.
The judgment of the circuit court is reversed and the cause is remanded for entry of a judgment consistent with this opinion.
All concur.
. Although the record is sparse as to the authorization and the requirements for the police chief and the volunteer fire chief for the City of Worthington, we believe the holders of these positions are officers within the definition in KRS 83A.010(9) due to the nature of these offices and the duties associated with them. This statute merely codified preexisting case law. See Commonwealth v. Howard, Ky., 379 S.W.2d 475 (1964); Taylor v. Commonwealth ex rel. Dummit, Ky., 305 Ky. 75, 202 S.W.2d 992 (1947).
. The appellees assert, and the appellant has not denied, that the city of Worthington receives distributions from the Kentucky Law Enforcement Foundation Program Fund; thus, KRS 15.520 is binding if it is apposite. KRS 15.520(4).
. The trial court’s finding that the Worthington Volunteer Fire Department was not organized under the provisions of KRS ch. 75 is undisputed.
Reference
- Full Case Name
- Bernard C. McCLOUD v. H. H. WHITT, Jr., Dan Howell, Delmar Hewlett, Helen Huffman, A. V. Rash, Lloyd Dixon, and Laverne Cox
- Cited By
- 6 cases
- Status
- Published