§ 32.01 MEMBERS; ELECTION, QUALIFICATIONS, COMPENSATION.

   (A)   Election; term of office. Each Councilmember shall be elected at-large by the voters of the city at a regular election. A candidate for Council shall be a resident of the city for not less than one year prior to his or her election. Terms of office begin on the first day of January following the election and shall be for two (2) years.

   (B)   Qualifications. A member shall be at least eighteen (18) years of age, shall be a qualified voter in the city, and shall reside in the city throughout his term of office.

(KRS 83A.040(4))

   (C)   Compensation. For provisions concerning compensation, see

§ 31.03.

§ 32.02 VACANCIES.

   (A)   Vacancies. If one or more vacancies on Council occur in a way that one or more members remain seated, the remaining members shall within thirty (30) days fill the vacancies one at a time, giving each new appointee reasonable notice of his selection as will enable him to meet and act with the remaining members in making further appointments until all vacancies are filled. If vacancies occur in a way that all seats become vacant, the Governor shall appoint qualified persons to fill the vacancies sufficient to constitute a quorum. Remaining vacancies are filled as provided in this section. (KRS 83A.040(5))

      (1)   No vacancy by reason of a voluntary resignation of a member of the City Council shall occur unless a written resignation which specifies a resignation date is tendered to the City Council. The resignation shall be effective at the next regular meeting of the City Council. (KRS 83A.040(7))

      (2)   Pursuant to KRS 118.305(7), if a vacancy occurs on the City Council which is required by law to be filled temporarily by appointment, the City Council shall immediately notify in writing both the County Clerk and the Secretary of State of the vacancy.

(KRS 83A.040(8))

   (B)   Failure to fill vacancies. If for any reason, any vacancy on Council is not filled within thirty (30) days after it occurs, the Governor shall promptly fill the vacancy by appointment of a qualified person who shall serve for the same period as if otherwise appointed. (KRS 83A.040(6))

Statutory reference:

   Filling of vacancies for nonpartisan city office, see KRS 83A.175

§ 32.03 POWERS AND DUTIES.

   (A)   The legislative authority of the city is hereby vested in and shall be exercised by the elected Council of the city. The Council may not perform any executive functions except those functions assigned to it by statute. (KRS 83A.130(11))

   (B)   The Council shall establish all appointive offices and the duties and responsibilities of those offices and codes, rules, and regulations for the public health, safety, and welfare.

(KRS 83A.130(12))

   (C)   The Council shall provide, by ordinance, for sufficient revenue to operate city government and shall appropriate the funds of the city in a budget which provides for the orderly management of city resources. (KRS 83A.130(12))

   (D)   The Council may investigate all activities of city government. The Council may require any city officer or employee to prepare and submit to it sworn statements regarding the performance of his official duties. Any statement required by the Council to be submitted or any investigation undertaken by the Council, if any office, department or agency under the jurisdiction of the Mayor is involved, shall not be submitted or undertaken unless and until written notice of the Council’s action is given to the Mayor. The Mayor may review any statement before submission to the council and to appear personally or through his designee on behalf of any department, office or agency in the course of any investigation.

(KRS 83A.130(13))

Cross-reference:

   Council members official designees of Mayor during declared emergencies, see § 31.23.

RULE OF PROCEDURE

§ 32.20 MAYOR AS PRESIDING OFFICER.

   (A)   The Mayor shall preside at meetings of the Council. At any duly called regular or special meeting of the City Council at which the Mayor is absent or unable to attend to his duties of presiding at such meetings, that member of City Council who received the highest number of votes at the last general election for a full term on City Council shall preside. (Ord. 120.03, passed 4-17-84)

   (B)   The Mayor may participate in Council proceedings, but shall not have a vote, except that he may cast the deciding vote in case of a tie. (Ord. 120.02, passed 12-16-80)

(KRS 83A.130 (5))

§ 32.21 MEETINGS.

   (A)   Regular meetings of the Council shall be held on the first and third Tuesdays of each and every month, with the time of commencement of the meetings to be at 7:00 p.m., prevailing local time. If the regularly scheduled meeting should occur on a holiday, then the meeting shall be held on the next succeeding work day the time stated herein. Meetings shall be held at the Dayton Community and Meeting Center, 625 Second Avenue, Dayton, Kentucky. The Council may, from time to time and for reasons of emergency, access or for any other reason, designate by order, resolution or motion, a change of venue with adequate notice to the public. (Ord. 120.2, passed 10-16-79; Am. Ord. 2014-3, passed 5-6-14; Am. Ord. 2022-14, passed - - 22)

   (B)   Special meetings of the Council may be called by the Mayor or upon written request of a majority of the Council. In the call, the Mayor or Council shall designate the purpose, time, and place of the special meeting with sufficient notice for the attendance of Council members and for compliance with KRS Chapter 61. (Ord. 120.2, passed 10-16-79)

   (C)   At a special meeting no business may be considered other than that set forth in the designation of purpose.

   (D)   The minutes of every meeting shall be signed by the City Clerk/Treasurer and by the officer presiding at the meeting.

(KRS 83A.130 (11))

§ 32.22 QUORUM.

   Unless otherwise provided by statute, a majority of the Council constitutes a quorum and a vote of a majority of a quorum is sufficient to take action.

(KRS 83A.060 (6))

ORDINANCES

§ 32.35 ONE SUBJECT; TITLE.

   Each ordinance shall embrace only one subject and shall have a title that shall clearly state the subject.

(KRS 83A.060 (1))

§ 32.36 INTRODUCTION; ENACTING CLAUSE.

   Each ordinance shall be introduced in writing and shall have an enacting clause styled “Be it ordained by the City of Dayton.”

(KRS 83A.060 (2))