CHAPTER 31: CITY OFFICIALS
Section
General Provisions
   31.01    Oath; bond
   31.02   Compensation
   31.03   Removal from office
   31.04   Training incentives
Elected Officials
   31.15   Election procedure
   31.16   Mayor
   31.17   Council members
Nonelected City Officials
   31.30   Establishment of nonelected city offices
   31.31   City Clerk/Treasurer
GENERAL PROVISIONS
§ 31.01 OATH; BOND.
   (A)   Oath. Each officer of the city shall, before entering upon the discharge of duties of his or her 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 State Constitution § 228.
   (B)   Bond.
      (1)   Official bonds shall, if required, meet the standards of KRS 62.060.
      (2)   All officers, officials, and employees of the city who handle public funds in the execution of his, her, or their duties shall give a good and sufficient bond to the city for the faithful and honest performance of his, her, or their duties, and as security for all money coming into that person’s hands or under that person’s control. The amount of the bond shall be based upon the maximum amount of public funds the officer, official, or employee handles at any given time during a fiscal year cycle. The cost of the bond shall be paid by the city.
      (3)   Elected officials who post bond, as required by statute, and employees of their offices covered by a blanket or umbrella bond, shall be deemed to have complied with division (B) above.
(KRS 65.067)
§ 31.02 COMPENSATION.
   (A)   The City Council shall, by ordinance, fix 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 or her election, or during his or her term of office.
(KRS 83A.070(1))
      (1)   In order to equate the compensation of the Mayor and the City Council members with the purchasing power of the dollar, the Department for Local Government shall compute 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 the State Constitution § 246, which provides that mayors in cities of the 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 city council members 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 for Local Government.
(KRS 83A.075)
   (B)   The City Council shall fix the compensation of city employees and nonelected city officers in accordance with the personnel and pay classification plan ordinance of the city.
(KRS 83A.070(2))
   (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(3))
   (D)   (1)   The following personnel and pay classifications are hereby established.
Position
Compensation Range
Position
Compensation Range
Administrative Assistant
$23,402 to $40,000
Administrative Clerk
$25,499 to $41,134
City Clerk/Treasurer   
$34,410 to $64,972
General laborer   
$20,800 to $37,440
Police Chief   
$31,200 to $66,436
Police officer   
$22,880 to $37,440
Public Works Director   
$24,960 to $45,760
Sewer Plant Operator Class I   
$26,028 to $37,001
Sewer Plant Operator Class II   
$27,156 to $40,962
Sewer Superintendent   
$29,120 to $53,963
Utility Maintenance Director   
$24,960 to $41,600
Water Plant Operator Class I   
$23,920 to $33,411
Water Plant Operator Class II   
$25,334 to $40,671
Water Plant Operator Class III   
$28,883 to $43,554
Water/Sewer Operator in Training   
$20,800 to $24,960
Water Superintendent   
$36,771 to $62,400
 
      (2)   The Mayor shall have discretion to pay employees and nonelected city officers additional compensation for services rendered, but such additional compensation shall be subject to the appropriations set form in the budget ordinance.
(Ord. 2-2019, passed 6-5-2019; Ord. 2-2023, passed 2-27-2023)
Case law reference:
   The limits on compensation contained in the State Constitution are not absolute limits but rather increase or decrease in accordance with changes in the consumer price index. See Matthews v. Allen, 360 SW2d 135 (1948).
§ 31.03 REMOVAL FROM OFFICE.
   (A)   Elected officers. Any elected officer, in case of misconduct, incapacity, or willful neglect in the performance of the duties of his or her 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 or her 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.
Statutory references:
   Removal of elected officers, see KRS 83A.040(9)
   Removal of nonelected officers, see KRS 83A.080(3)
§ 31.04 TRAINING INCENTIVES.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   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 and that has been approved by the Administrator.
   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 Chapter 64, the city hereby adopts and establishes a City Officials Training Program to make available incentive payments as specified by this section to the elected city officials, including the Mayor and all members of the City Council, City Clerk, Administrative Clerk, non-elected officials, and department heads for obtaining education and training as required under the provisions of this section.
   (C)   Incentive payment amount; required training participation.
      (1)   Each city official eligible for participation in the City Officials Training Program shall receive training incentive payments of $500 for completion of each training unit during his or her continuous service as a city official within the city.
      (2)   The city official shall only receive training incentive payments for a maximum of four training units. The city official shall not be awarded more than one training unit per calendar year.
      (3)   The city official may continue to receive training incentive payments for four training units in each calendar year following the fourth 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 payments for the calendar year and the city official shall lose any previously accumulated training units earned during previous calendar years.
      (5)   Any city official earning excess hours during a calendar year shall be permitted to carry forward a maximum of ten hours to apply to the earning of a training unit in the following calendar year.
      (6)   Training incentive payments shall be made to a city official presenting proof of completion of a training unit for a calendar year within 60 days of the conclusion of the 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. 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 that the official has received credit for the course.
   (E)   Administration of City Officials Training Program.
      (1)   The City Officials Training Program 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 section, shall maintain records of attendance and participation, and shall notify the city when a city official earns a training unit and the number of training units earned by a city official during his or her continuous service as a city official within the city.
      (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 section. 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 and total number of accumulated training units. Upon receipt, a city official shall present a copy of the certification of the completion of the training unit and the total accumulated training units to the city in order to receive his or her training incentive payments.
   (F)   Status of incentive payments.
      (1)   Training incentive payments do not constitute wages under KRS Chapter 337, creditable compensation under the County Employees Retirement System under KRS Chapter 78, or compensation for the purposes of setting maximum compensation or modification of compensation under KRS Chapter 83A, and may be repealed or modified by the city at any time.
      (2)   The training incentive payment amount established shall not be adjusted by any index reporting changes to consumer prices or any other method to account for inflation.
(Ord. 01-2023, passed 1-23-2023)
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