Feeley v. City of Edgewood

Court of Appeals of Kentucky

Feeley v. City of Edgewood

514 S.W.2d 689, 1974 Ky. LEXIS 329

DecidedOctober 11, 1974

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This text of 514 S.W.2d 689 (Feeley v. City of Edgewood) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Feeley v. City of Edgewood, 514 S.W.2d 689, 1974 Ky. LEXIS 329 (Ky. Ct. App. 1974).

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Opinion

STEPHENSON, Justice.

We are of the opinion that the chief of police of a fourth-class city is not a “city officer” within the meaning of KRS 86.230. The new city council taking office in January did not have the authority without “good cause" to dismiss the appellant who had been appointed chief of [690]*690police in December for a term of two years by the outgoing city council pursuant to KRS 95.720. This statute provides for the appointment of a chief of police for a term of not longer than two years, subject to removal for “good cause.” See 56 Am. Jur.2d, Municipal Corporations § 234, p. 295 and 70 Am.Jur.2d, Sheriffs, Police and Constables § 1, p. 132.

The judgment is reversed with directions to reinstate appellant with back pay.

All concur.

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STEPHENSON, Justice.

We are of the opinion that the chief of police of a fourth-class city is not a “city officer” within the meaning of KRS 86.230. The new city council taking office in January did not have the authority without “good cause" to dismiss the appellant who had been appointed chief of [690]*690police in December for a term of two years by the outgoing city council pursuant to KRS 95.720. This statute provides for the appointment of a chief of police for a term of not longer than two years, subject to removal for “good cause.” See 56 Am. Jur.2d, Municipal Corporations § 234, p. 295 and 70 Am.Jur.2d, Sheriffs, Police and Constables § 1, p. 132.

The judgment is reversed with directions to reinstate appellant with back pay.

All concur.

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514 S.W.2d 689, 1974 Ky. LEXIS 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feeley-v-city-of-edgewood-kyctapp-1974.

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