Feeley v. City of Edgewood

Court of Appeals of Kentucky

Feeley v. City of Edgewood

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

Court of Appeals of Kentucky·Decided October 11, 1974·Published

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] police 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] police 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.

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

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514 S.W.2d 689 (Feeley v. City of Edgewood) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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