(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. The at will removal shall not apply during the first 90 days of a new Mayor's term, nor during the first 90 days of any appointed Mayor's term. The employment of nonelected city officers, during the 90 day periods set forth herein, may not be terminated by the Mayor without some reasonable cause therefore, including, without limitation, inefficiency, misconduct, insubordination or a violation of law or the rules adopted by the city, or a failure to adequately engage in and perform the specifications, duties, functions and tasks of the employment position thereof. In the event the Mayor seeks to remove a nonelected city officer during the first 90 days for cause, due process shall be afforded the nonelected city officer in the form of an evidentiary hearing, along with all other due process safeguards.
(Am. Ord. 15-1022, passed 10-26-15)
Statutory reference:
Removal of elected officers, see KRS 83A.040(9)
Removal of nonelected officers, see KRS 83A.080(2)