(A) Form of government.
(1) The city operates under the mayor-council form of government. The mayor-council form is the most prevalent form of city government throughout the United States and in the commonwealth.
(2) Each city organized under the mayor-council plan must have an elected executive, who is called the Mayor, and an elected council called the City Council (KRS 83A.130(2) and 83A.030(1)).
(3) The distinguishing characteristic of the mayor-council form of city government is the clear separation of powers between the executive (Mayor) and the legislative (City Council) branches of government. All of the executive and administrative authority is vested by statute in the Mayor (KRS 83A.130(3)). The City Council is expressly prohibited from performing any executive (or administrative) functions unless those functions have been assigned to it by statute (KRS 83A.130(11)). With a few exceptions, the Council is restricted to performing the legislative function. The executive branch and the legislative branch are intended to be separate, but coequal, branches of government. It is very similar to the structure of the state government where the executive/administrative authority is vested in the Governor and the council is vested in the General Assembly.
(B) Powers and duties of the Mayor.
(1) (a) 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.
(b) The basic duties and authorities of the Mayor in mayor-council cities are set forth in KRS 83A.130 as follows:
1. Enforce the Mayor-Council plan, 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 at least annually;
6. Promulgate procedures subject to Council disapproval to ensure the orderly functioning of government and compliance with statutes and ordinances. Copies must be filed with the City Clerk;
7. Preside at Council meetings;
8. Vote to break a tie at a Council meeting unless otherwise prevented by a specific statute;
9. Approve or veto ordinances. The Mayor may approve an ordinance by signing it or veto an ordinance by returning it to the Council unsigned together with a statement of his or her objections within ten days after the Council approves the ordinance. If the Mayor fails to act by signing or vetoing the ordinance within ten days, the ordinance becomes effective automatically;
10. Make and sign all bonds, notes, contracts and written obligations of the city;
11. Hire all city employees, including police officers, except for City Council staff;
12. Appoint all non-elected officers, as defined in KRS 83A.080, subject to Council approval;
13. Discipline and dismiss all city employees and non-elected officers at will unless tenure or terms of employment are protected by statute, ordinance or contract, and except for Council employees;
14. Prepare, present and administer the annual budget. See KRS 91A.030;
15. Call special meetings of the Council; and
16. Provide for the orderly continuation of city government by delegating authority when necessary or desirable.
(2) If the Mayor delegates his or her executive and administrative powers, duties and responsibilities to subordinate officers and employees, he or she must do so by written executive order.
(3) The Mayor may not delegate his or her executive and administrative powers, duties and responsibilities to a member of the City Council except when required to do so by statute. The doctrine of separation of powers, which is the key feature of the mayor-council form of government, and the specific language of the statutes compel this conclusion. In support of this conclusion, KRS 83A.130(11) prohibits the Council from performing any executive function except those functions assigned to it by statute. Furthermore, KRS 83A.130(7) refers to the delegation of powers to subordinate officers and employees. Members of the City Council are not “subordinate” to the Mayor. The members of the City Council have, as elected officers, a coequal status with the Mayor. Therefore, 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 non-elected officer such as the City Clerk/Treasurer, Police Chief and the like, or to an employee.
(4) However, there are two functions that are ordinarily performed by the Mayor, but which must be performed by a member of the Council when the Mayor is unable to perform these functions. KRS 83A.130(10) states that the responsibility of “approving ordinances or promulgating administrative procedures may only be delegated to an elected officer,” i.e., a member of the Council. Therefore, if it becomes necessary to delegate such responsibility, it must be delegated to a Council member.
(5) Also, the Mayor may not delegate the responsibility of presiding over meetings of the Council (KRS 83A.130(10)). In the Mayor’s absence, the Council selects one of its members to preside in place of the Mayor. This may be done in advance by ordinance or may be done by motion and vote at the meeting. A Council member who presides in place of the Mayor does not temporarily lose his or her status as a member of Council and may continue to introduce legislation and vote on any issue.
(6) Any executive or administrative action which is taken in the Mayor’s absence may be rescinded by the Mayor within 30 days of the date the action was taken with the approval of the Council.
(7) If the Mayor is unable to perform his or her duties for 60 consecutive days, the Council can declare the office of Mayor vacant in accordance with KRS 83A.040.
(C) Powers and duties of the Council.
(1) KRS 83A.130(11) provides that the “council of the city will be vested in and exercised by the elected council of the city.” City councils may not perform any executive or administrative function unless specifically authorized by statute (KRS 83A.130(11)). For instance, Council members may not supervise the day-to-day operations of city government or exercise supervisory authority over city employees.
(2) KRS 83A.130 and other sections in KRS Chapter 83A set forth the specific powers and authorities of the City Council as follows:
(a) Establish by ordinance all appointed offices and the duties and responsibilities of those offices;
(b) Enact all codes, rules and regulations for the general public’s health, safety and welfare;
(c) 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;
(d) Establish by ordinance the compensation to be paid to all elected and appointed officers and employees of the city (KRS 83A.070);
(e) 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. If an office, department or agency under the jurisdiction of the Mayor is involved, written notice of the Council’s action must be provided to the Mayor who then has the right to review any statement before its submission to the Council and to appear on behalf of the office, department or agency in the course of the investigation (KRS 83A.130(13));
(f) May disapprove regulations promulgated by the Mayor;
(g) May override mayoral vetoes by the affirmative vote of one more than a majority of the membership of the entire Council. If the Council wishes to override a veto, it must do so by the second regular meeting following the return of the ordinance;
(h) May appoint a new mayor or council member if a vacancy occurs in the office (KRS 83A.040);
(i) May remove elected officers for misconduct, inability or willful neglect of office (KRS 83A.040(9));
(j) May change the manner of electing city officers by adopting the nonpartisan primary election process (KRS 83A.050(2));
(k) May divide the city into wards for the purpose of electing Council members (KRS 83A.100);
(l) Approve the appointment of non-elected city officers (KRS 83A.080(3)); and
(m) May call special meetings upon written request of a majority of the Council.