(A) Regular meetings.
(1) Consistent with KRS 83A.130(11), 83A.140(7) and 83A.150(4) regular meetings of the City Council shall be held on the first Monday of each month. The meetings are held in the City Council chambers and begin at 7:00 p.m. In the event that a meeting is scheduled on an official holiday or an observed official holiday, the meeting will be moved to the following Monday. Any deviation from the times and places specified in this document shall make the meeting a special meeting.
(2) When the regularly scheduled City Council meeting for the month of November occurs in the same week in which there is an election conducted by the Secretary of State of the Commonwealth of Kentucky, the regularly scheduled Council meeting for November shall take place on the Monday following the Tuesday election.
(B) Special meetings. Special meetings may be called at any time by the Mayor or upon written request of a majority of the City Council. The City Clerk shall post notice thereof as provided by the Kentucky Open Meetings Act, KRS 61.805 to 61.850. No subjects may be discussed other than those specified in the notice/agenda of the meeting.
(C) Emergency meetings (KRS 61.823(5)). In case of emergency or urgent public necessity which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor or upon written request by a majority of the City Council, and it shall be sufficient if the notice is posted two (2) hours before the meeting is convened. Diligent effort to notify all Council members shall be made prior to the emergency meeting.
(D) Alternate locations. The City Council may occasionally elect to meet at other locations within the city and, upon such election, shall give public notice of the change of location in accordance with provisions of state law. If by reason of fire, flood or other emergency, it is unsafe to meet in the City Council chambers, meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor or, in the Mayor’s absence, by the Council.
(E) Reserved.
(F) Executive sessions.
(1) The City Council may meet in executive session during any meeting as scheduled by the Mayor, or upon request of the city attorney or any member of the City Council to consider or hear any matter that is authorized by KRS 61.810, to be heard or considered in executive session provided it is so stated on the agenda.
(2) KRS 61.815 establishes requirements, which must be met as a condition for conducting certain closed sessions. The requirements apply only when the executive session involves:
(a) Discussions or hearings concerning the appointment, discipline or dismissal of an individual employee or member of the agency;
(b) Deliberations on the future acquisition or sale of real property by a public agency when publicity would be likely to affect the value of the property;
(c) Discussions of proposed or pending litigation involving a public agency;
(d) Collective bargaining negotiations between public employers and their employees;
(e) Discussions or hearings that might lead to the appointment, dismissal, or disciplining of an individual employee, member, or student. However, general personnel matters may not be discussed in private;
(f) State and local cabinet meetings and executive cabinet meetings;
(g) Deliberations of judicial or quasi-judicial bodies involving individual adjudications or appointments. This does not include meetings of planning commissions, zoning commissions, or boards of adjustment; and
(h) Meetings which federal or state law or the Constitution require to be conducted privately.
(3) When a public agency desires to go into closed session for these reasons, it must comply with the following requirements:
(a) Notice must be given in an open meeting of the general nature of the business to be discussed in closed session, the reason for conducting the closed session, and the specific provision of KRS 61.810 authorizing the closed session.
(b) A motion must be made to go into closed session and the motion must be approved by a majority vote conducted in open session.
(c) No final action may be taken in the executive session. The agency must reconvene in an open meeting and take its final action in that setting. It is permissible, however, to take a "straw vote" in the executive session to determine the position of the members.
(d) No subjects may be discussed during a closed session other than those publicly announced prior to convening the closed session.
(4) When it is necessary for a public agency to satisfy the above requirements, the minutes of the open meeting should clearly reflect the requirements were met.
(G) Notice of meetings. Notice of meetings and the agenda for all City Council meetings shall be posted by the City Clerk on the city's official bulletin board pursuant to the requirements of the Kentucky Open Meetings Act, KRS 61.805 to 61.850.
(H) Quorum. Four (4) members of the six (6) member City Council shall constitute a quorum to do business and the affirmative vote of a majority of those present shall be necessary to adopt any ordinance, order or resolution, except as required by state law.
(I) Attendance (Non-elected officials). The Chief of Police, City Attorney and the City Clerk shall attend all meetings of the City Council unless excused. City officials may make recommendations to the City Council if recognized by the Mayor, but shall have no vote. The City Attorney shall upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the City Council's parliamentarian. The City Clerk shall keep accurate records of all actions taken by City Council.
(J) Duties of the Mayor. The Mayor is the chief executive and administrative officer of the city. The Mayor's principal function is to oversee the management of the city's daily affairs. The basic duties and authorities of the Mayor are set forth in KRS 83A.130 as follows:
(1) Enforce city ordinances and orders, and all applicable statutes.
(2) Supervise the day-to-day operations of city government and the conduct of all city officers and employees under the Mayor's jurisdiction.
(3) Require each department to make reports as required by ordinance or as the Mayor deems necessary.
(4) Serve as liaison with related units of local government regarding interlocal contracting and joint services.
(5) Report to the Council and the public on the condition and needs of the city as deemed desirable, or as required by ordinance, but at least annually.
(6) Promulgate procedures, subject to Council disapproval, to ensure the orderly functioning of government and compliance with statutes and ordinances.
(7) Preside at Council meetings (see division (I) below).
(8) Approve or veto ordinances (see division (J) below).
(9) Make and sign all bonds, notes, contracts and written obligations of the city.
(10) Appoint all city employees, including police officers, except for City Council staff.
(11) Appoint all nonelected officers, subject to Council approval.
(12) Discipline and dismiss all city employees and nonelected officers at-will, unless tenure or terms of employment are protected by statute, ordinance or contract, and except for Council employees.
(13) Prepare, present, and administer the annual budget.
(14) Call special meetings of Council.
(15) Provide for the orderly continuation of city government by delegating authority when necessary or desirable (See division (M) below).
(K) Presiding officer responsibilities. The Mayor shall preside at all meetings of the Council. In addition, the Mayor shall:
(1) Open the session at the time at which the Council is to meet, by taking the chair and calling the members to order;
(2) Announce the business before the Council in the order in which it is to be acted upon;
(3) Recognize members entitled to the floor;
(4) State and to put to vote all questions which are regularly moved, or necessarily arise in the course of the proceedings;
(5) Announce the result of the vote;
(6) Protect the Council from annoyance from evidently frivolous or dilatory motions by refusing to recognize them;
(7) Assist in the expediting of business in every way compatible with the rights of the members, as by allowing brief remarks when undebateable motions (see § 32.23(L)) are pending, if he or she thinks it advisable;
(8) Restrain the members when engaged in debate, within the rules of order;
(9) Enforce on all occasions the observance of order and decorum among the members, deciding all questions of order (subject to an appeal to the Council);
(10) Inform the Council, when necessary, or when referred to for the purpose, on a point of order or practice pertinent to pending business;
(11) Authenticate, by his or her signature, when necessary, all the acts, orders, and proceedings of the Council declaring its will and in all things obeying its commands.
(12) Retain the right to vote in cases of a tie except on zoning issues where a tie defaults to the recommendation of the Planning Commission.
(13) Retain the right to participate in the discussion of all matters coming before the City Council.
(L) Approval and/or veto powers. The Mayor may veto any ordinance of the Council. Ordinances approved by the Mayor shall be verified by his or her signature and returned to the Council or City Clerk within ten (10) days of receiving it. The Mayor may veto the ordinance by returning it to the Council or City Clerk unsigned with a statement of the reasons for the veto within ten (10) days of receiving it. If the Mayor does not act within ten (10) days, the ordinance is automatically approved. The Council ay override a veto if one (1) more than a simple majority of the entire membership (five (5) of six (6)) votes to override. The Mayor has no authority to veto other acts of the Council, such as municipal orders, resolutions and the like.
(M) Delegation of executive authority. The Mayor must delegate his or her executive and administrative powers, duties and responsibilities when necessary. When the Mayor is unable to perform his or her executive or administrative duties because of temporary absence or disability, the responsibility for performing those functions should be delegated to a nonelected officer such as the City Clerk, Police Chief and the like, or to an employee (KRS 83A.130(7)). However, KRS 83A.130(10) states that the responsibility of approving ordinances, promulgating administrative procedures may only be delegated to an elected official. In addition, the Mayor may not delegate the responsibility of presiding over Council meetings. The Mayor may rescind any executive or administrative action that is taken in the Mayor's absence within thirty (30) days of the date the action was taken, with the approval of Council.
(N) Replacement of presiding officer. When the Mayor is absent from any meeting of the Council, the Council member who received the most votes in the last election shall serve as Mayor Pro Tem and preside at meetings. This member may decline the chair and request the Council to select another Councilperson to preside.
(O) Mayor to act as Council ceremonial representative. The Mayor has been delegated the responsibility to act as the City Council's ceremonial representative at public events and functions.
(P) Duties of the Council. KRS 83A.130(1) provides that "all legislative authority shall be vested in and exercised by the elected council of the city." The Council may not perform any executive or administrative function, unless specifically authorized by statute (KRS 83A.130(11)). The following powers and authorities of the Council are set forth in KRS Chapter 83A:
(1) Establish, by ordinance, all appointed offices and the duties and responsibilities of those offices.
(2) Enact all codes, rules and regulations for the general public's health, safety and welfare.
(3) Provide sufficient revenues to operate city government through the adoption of an annual budget ordinance and by levying all taxes and establishing all fees and charges for city services.
(4) Establish, by ordinance, the compensation to be paid to all elected and appointed officers and employees of the city.
(5) May investigate all activities of city government and may require any city officer or employee to prepare and submit sworn statements regarding the performance of his or her official duties.
(6) May disapprove regulations promulgated by the Mayor.
(7) May override mayoral vetoes by the affirmative vote of one (1) more than a majority of the membership (five (5) of six (6)).
(8) May appoint a new Mayor or Council member, if a vacancy occurs in the office (KRS 83A.040).
(9) May remove elected officers for misconduct, inability or willful neglect of office (KRS 83A.040(9)).
(10) May change the manner of electing city officers by adopting the nonpartisan primary election process (KRS 83A.050(2)).
(11) May divide the city into wards for the purpose of electing Council members (KRS 83A.100).
(12) Approves the appointment of nonelected city officers.
(Q) Legislative responsibilities of Council members during meetings. To be an effective member of the Council, each member should:
(1) Be knowledgeable about the general rules of parliamentary law and the special rules of order adopted by the Council and abide by them.
(2) Address all remarks through the Mayor (presiding officer) and avoid any personal references or attacks on other members, officers, city employees or guests.
(3) Refrain from disturbing the meeting in any way, including using parliamentary knowledge to hinder or obstruct the business of the meeting
(4) Be knowledgeable about the issues under consideration so that the member may introduce appropriate motions, second motions, debate the issues and ask pertinent questions, and vote on all matters except those with respect to which the member has a conflict of interest.
(R) Removal. The removal of an elected city official from office is authorized by KRS 83A.040(9), which allows the Council to remove any elected city officer from office for misconduct, incapacity or willful neglect in the performance of the duties of the office. In addition, KRS 61.252 states that a violation of the conflict of interest prohibitions set forth in KRS 61.525 constitutes grounds for removal.
(S) Attendance by the public. Pursuant to KRS 61.820 all meetings of the City Council shall be open and public in accordance with the terms of provisions of the Kentucky Open Meetings Act except executive sessions or closed meetings allowed by state law. Citizens and other visitors attending City Council meetings shall observe the same rules of propriety, decorum and good conduct applicable to members of the City Council. KRS 61.840 states that the city may not impose any conditions on the attendance at public meetings other than those required for the maintenance or order.
(T) Minutes. Minutes of a meeting, open or closed, are not required to show any more than the formal action taken and the votes cast by the members. The minutes are not required to summarize the discussion or record what any member said.
(U) Roberts Rules of Order. These rules and procedures are adopted by the Council of the City of Independence, under the Council's authority provided by statute and by law to determine its own rules, order of business, and to regulate the conduct of its meetings, to be used as a supplementary guideline and general parliamentary procedure will be observed in the conduct of the Council's meetings.
(Ord. 2005-O-01, passed 2-7-05; Am. Ord. 2005-O-04, passed 4-4-05; Am. Ord. 2005-O-06, passed 4- 18-05; Am. Ord. 2006-O-22, passed 11-27-06; Am. Ord. 2015-O-02, passed 1-5-15; Am. Ord. 2021-O- 14, passed 8-2-21)