KRS 62.010(2) requires every individual who is elected to public office to take the necessary oath of office before undertaking the duties of that office. Those who are appointed to public office must take the oath within 30 days after receiving notice of appointment, as required in KRS 62.010(3)
Mayor Rick Richards appointed Kimberly Richards to the office of City Clerk-Treasurer for West Buechel in January, 2015, and she began to perform the duties of that office immediately. However, Kim Richards did not take her oath of office until June 9, 2015, more than 30 days later. (See City Council meeting minutes for June 9, 2015 Council meeting below)
By waiting until June to take her oath of office, Ms. Richards violated the time requirements of KRS 62.01(3)
KRS 62.990(2)(b) provides that when the oath of office provisions of KRS 62.01(3) are violated, “his office shall be considered vacant, and he shall not be eligible for the same office for two (2) years.”
All that is now required to get Kim Richards out of West Buechel City Hall is the say-so of a Jefferson Circuit Court Judge.