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GENERAL PROVISIONS
(A) Oath. Each officer of the city shall, before entering upon the discharge of duties of his office, take the following oath: “I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of this Commonwealth, and the Constitution of the United States, and be faithful and true to the Commonwealth of Kentucky, so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of , according to law; and I do further solemnly swear (or affirm) that, since the adoption of the present Constitution, I being a citizen of this United States, have not fought a duel with deadly weapons within this State, nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as a second in carrying a challenge, nor aided or assisted any person thus offending, so help me God”, as established by § 228 of the Kentucky Constitution.
(B) Certification of Oath. The person administering an oath of office to an elected officer, shall certify, in writing, that the oath of office was administered, and the date of its administration. The said written certification shall be filed in accordance with the mandates of KRS Chapter 62.
(C) Bond. Official bonds shall, if required, meet the standards of KRS 62.060.
(A) City Council shall establish the compensation of every elected city officer not later than the first Monday in May in the year in which the officer is elected. An elected officer’s compensation shall not be changed after his election or during his term of office.
(1) In order to equate the compensation of Mayors and Councilmembers with the purchasing power of the dollar, the Department of Local Government computes by the second Friday in February of every year the annual increase or decrease in the consumer price index of the preceding year by using 1949 as the base year in accordance with section 246 of the Constitution of Kentucky, which provides that the Mayor in cities of first class shall be paid at a rate no greater than $12,000 per annum and Mayors in cities other than the first class and Councilmembers shall be paid at a rate no greater than $7,200 per annum.
(2) The City Council shall set the compensation of these officers in accordance with KRS 83A.070 at a rate no greater than that stipulated by the Department of Local Government.
(B) The City Council shall establish the compensation of city employees and non-elected city officers in accordance with the personnel and pay classification plan ordinance of the city.
(C) All fees and commissions authorized by law shall be paid into the city treasury for the benefit of the city and shall not be retained by any officer or employee.
(KRS 83A.070)
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Statutory reference:
Compensation, see KRS 83A.070 and 83A.075
(A) Elected officers. Any elected officer, in case of misconduct, inability, or willful neglect in the performance of the duties of his office, may be removed from office by a unanimous vote of the members of the City Council exclusive of any member to be removed, who shall not vote in the deliberation of his removal. No elected officer shall be removed without having been given the right to a full public hearing. The officer, if removed, has the right to appeal to the circuit court of the county and the appeal shall be on the record. No officer so removed is eligible to fill the office vacated before the expiration of the term to which originally elected.
(B) Nonelected officers. Nonelected city officers may be removed by the Mayor at will, unless otherwise provided by state law or ordinance.
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Statutory reference:
Removal of elected officers, see KRS 83A.040 (6)
Removal of nonelected officers, see KRS 83A.080 (3)
(A) Definitions. As used in this chapter, the terms below shall have the following meanings:
“ADMINISTRATOR.” The Kentucky League of Cities City Officials Training Center.
“EXCESS HOURS.” Credit hours earned beyond 15 during a single calendar year.
“QUALIFYING COURSE.” Any training, seminar, educational or learning event that provides instruction or information that is relevant to the duties and functions of city government and city officials.
“TRAINING UNIT.” Fifteen clock hours of attendance or participation in qualifying courses during a calendar year.
(B) Adoption of a city officials training program; application. In accordance with House Bill 119 of the 2011 General Assembly, as codified in KRS Ch. 64, the City of Auburn hereby adopts and establishes a City Officials Training Program to make available incentive payments as specified by this ordinance to the elected city officials, including the mayor and all members of the city council, and non-elected officers listed in KRS 83A.080 including the city clerk and chief of police, for obtaining education and training as required under the provisions of this ordinance.
(C) Incentive payment amount; required training participation.
(1) Each city official eligible for participation in the city officials training program shall receive payment of $500 for each calendar year that he or she completes a training unit. Provided that the city official shall not be awarded more than one training unit per calendar year and shall not receive payment in any single calendar year for the accumulation of more than one training unit.
(2) The total training incentive payment shall be made to the city official presenting proof of completion of a training unit for a calendar year within 30 days of the conclusion of the calendar year.
(3) The city official may receive the maximum training incentive payment of the base training incentive amount for each year provided that the officer continues to earn a training unit each subsequent calendar year.
(4) The failure of a city official to obtain a training unit during any calendar year shall disqualify the officer from receiving any training incentive payment for the calendar year.
(5) Any city official earning excess hours during a calendar year shall not be permitted to carry forward hours to apply to the earning of the training unit in the following calendar year.
(D) Policy regarding payment or reimbursement for training courses. Subject to the constraints and the appropriations established by the city's annual budget, the city shall consider paying the cost of attendance or participation in advance of a city official's attendance or participation in the qualifying course if proper application is made to the mayor and City Clerk. Alternatively, and subject the constraints and appropriations established by the city's annual budget, the city shall consider reimbursing a city official for the cost of attendance or participation in a qualifying course upon presentation of proof to the mayor and City Clerk that the official has received credit for the course.
(E) Administration of city officials training program.
(1) The city officials training program for the City of Auburn shall be administered by the Kentucky League of Cities City Officials Training Center, which shall be responsible for approving courses as qualifying under the terms of this ordinance, shall maintain records of attendance and participation, and shall notify the city when a city official earns a training unit applicable to each city official.
(2) The administrator shall evaluate and approve courses as qualifying for credit based on the relation of the course to the operation of city government. In addition to other courses which may be approved as qualifying courses by the administrator, courses that provide instruction on the statutory duties of cities and city officials, intergovernmental relationships, municipal finance and budgeting, municipal taxation, ethics, open records, open meetings, economic development, or municipal police powers shall be approved as qualifying courses under this ordinance. The administrator shall require the submission of the course or conference agenda, curriculum, name of the provider, and other course materials to determine whether a course should be approved as a qualifying course.
(3) A city official shall submit proof of attendance or participation in a qualifying course to the administrator. A city official shall submit the course name, date, location, name of the instructor or provider, and sufficient proof of attendance or participation in the qualifying course before the administrator shall award credit. The administrator shall not award credit to a city official for attendance or participation in a qualifying course that is not, in the administrator's opinion, substantially different from another course the city official attended or participated in during the same calendar year.
(4) The administrator shall maintain records that reflect each of the courses and hours completed by the city official and shall provide it to each city official upon request. The administrator shall, within 30 days of the close of the calendar year, provide written or electronic certification to each participating city official of completed courses and hours, and shall, if applicable, certify the completion of a training unit. Upon receipt, a city official shall present a copy of the certification of the completion of the training unit to the city in order to receive his or her training incentive payment.
(F) Status of incentive payments.
(1) Training incentive payments do not constitute wages under KRS Ch. 337, creditable compensation under the County Employees Retirement System under KRS Ch. 78, or compensation for the purposes of setting maximum compensation or modification of compensation under KRS Ch. 83A, and may be repealed or modified by the city at any time.
(2) The base training incentive payment amount established in the ordinance shall not be adjusted by any index reporting changes to consumer prices or any other method to account for inflation.
(Ord. 2019-02, passed 2-11-19)
ELECTED OFFICIALS
(A) Election of city officers is governed by general election laws as provided in KRS Chapters 116 through 121 unless City Council otherwise prescribes by ordinance that election of city officers shall be under nonpartisan city election laws as provided in KRS Chapter 83A. Such ordinance shall become effective not later than 23 days prior to the date prescribed by the election law generally for filing notification and declaration forms with the County Clerk in a year in which a regular election is to be held in which any city office is to be filled. Immediately subsequent to publication of any ordinance prescribing that election of city officers be under nonpartisan city election laws, a copy of the ordinance shall be filed with the County Clerk of the county in which the city is located.
(B) The city may change the manner of election of city officers within the provisions of division (A) of this section by ordinance, except that no change shall be made earlier than five years from the last change.
(C) The city shall pay the costs of city elections only if city elections are held at a time other than prescribed by law for elections generally.
(D) Each appointed and elected city office existing on July 15, 1980, shall continue until abolished by ordinance, except that the offices of Mayor and City Councilmembers may not be abolished.
(E) No abolition of any elected office shall take effect until expiration of the term of the current holder of the office.
(F) No ordinance abolishing any elected office shall be enacted later than 240 days preceding the regular election for that office, except in the event of a vacancy in the office.
(G) The city may not create any elected office. Existing elected offices may be continued under provision of divisions (D), (E), and (F) above, but no existing elected office may be changed.
Statutory reference:
Election of city officers, see KRS 83A.050
Creation, abolishment of city offices, see KRS 83A.080(3), (4)
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