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(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)
(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)
ELECTED OFFICIALS
(A) Pursuant to KRS 83A.050, all elective offices of the city shall be under the non-partisan city election laws, as provided in KRS 83A.170. Pursuant to KRS 83A.050, there will not be a primary election for elective offices in the city.
(B) The city may change the manner of election of city officers within the provisions of division (A) above, by ordinance, except that no change shall be made earlier than five years from the last change.
(C) The city shall pay the costs of city elections only if city elections are held at a time other than prescribed by law for elections generally.
(D) Each appointed and elected city office existing on July 15, 1980, shall continue until abolished by ordinance, except that the offices of Mayor and City Council members may not be abolished.
(E) No abolition of any elected office shall take effect until expiration of the term of the current holder of the office.
(F) No ordinance abolishing any elected office shall be enacted later than 240 days preceding the regular election for that office, except in the event of a vacancy in the office.
(G) The city may not create any elected office. Existing elected offices may be continued under provision of divisions (D), (E), and (F) above, but no existing elected office may be changed.
(Ord. 4-1979, passed 9-28-1987; Ord. 1-1989, passed 1-30-1989)
Statutory reference:
Creation, abolishment of city offices, see KRS 83A.080(3), (4)
(A) Election; term of office. The Mayor of the city shall be elected by the voters of the city at a regular election. A candidate for Mayor shall be a resident of the city for not less than one year prior to his or her election. His or her term of office shall begin on January 1 following his or her election and shall be for four years and until his or her successor qualifies. If a person is elected or appointed as Mayor in response to a vacancy and serves less than four calendar years, then that period of service shall not be considered for purposes of re-election to a term of office.
(B) Qualifications. The Mayor shall be at least 21 years of age, shall be a qualified voter in the city, and shall reside in the city throughout his or her term of office.
(KRS 83A.040(1))
(C) Vacancy. If a vacancy occurs in the office of the Mayor, the City Council shall fill the vacancy within 30 days. If, for any reason, any vacancy in the office of Mayor is not filled within 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(2)(a), (6))
(1) When voting to fill a vacancy in the office of the Mayor, a member of the City Council shall not vote for himself or herself.
(KRS 83A.040(2)(c))
(2) When voting to fill a vacancy created by the resignation of the Mayor, the resigning Mayor shall not vote on his or her successor.
(KRS 83A.040(3))
(3) No vacancy by reason of a voluntary resignation in the office of the Mayor shall occur unless a written resignation which specifies the resignation date is tendered to the City Council. The resignation may be submitted through electronic mail if it originates from the official’s electronic mail address and includes also the official’s handwritten signature. The resignation shall be effective at the next regular or special meeting of the City Council occurring on or after the date specified in the written letter of resignation. If a resignation date is not specified, the written resignation shall be deemed to become effective at the first regular or special meeting of the legislative body occurring on or after its receipt.
(KRS 83A.040(7))
(4) If a vacancy occurs in the office of the Mayor, which is required by law to be filled temporarily by appointment, the City Council or the Governor, whichever is designated to make the appointment, shall immediately notify, in writing, both the County Clerk and the Secretary of State of the vacancy.
(KRS 83A.040(8))
(5) The City Council shall elect, from among its members, an individual to preside over meetings of the City Council during any vacancy in the office of the Mayor, in accordance with the provisions of KRS 83A.130 through 83A.150.
(KRS 83A.040(2)(d))
(D) Powers and duties.
(1) The executive authority of the city is hereby vested in and exercised by the Mayor. The Mayor shall enforce the Mayor-Council Plan, city ordinances and orders, and all applicable statutes.
(2) He or she shall supervise all departments of city government and the conduct of all city officers and employees under his or her jurisdiction and shall require each department to make reports to him or her as required by ordinance or as he or she deems desirable.
(3) The Mayor shall maintain liaison with related units of local government respecting inter-local contracting and joint activities.
(4) The Mayor shall report to the City Council and to the public on the condition and needs of city government as he or she finds appropriate or as required by ordinance, but not less than annually. He or she shall make any recommendations for actions by the City Council he or she finds in the public interest.
(KRS 83A.130(3))
(5) Subject to disapproval of the City Council, the Mayor shall promulgate procedures to ensure orderly administration of the functions of city government and compliance with statutes or ordinances. Upon promulgation or upon revision or rescission of the procedures, copies shall be filed with the person responsible for maintaining city records.
(KRS 83A.130(4))
(6) Any delegation of the Mayor’s power, duties, or responsibilities to subordinate officers and employees and any expression of his or her official authority to fulfill executive functions shall be made by executive order. Executive orders shall be sequentially numbered by years and kept in a permanent file.
(KRS 83A.130(7))
(7) All bonds, notes, contracts, and written obligations of the city shall be made and executed by the Mayor, or his or her agent designated by executive order.
(KRS 83A.130(8))
(8) The Mayor shall be the appointing authority, with power to appoint and remove all city employees, including police officers, except as tenure and terms of employment are protected by statute, ordinance, or contract, and except for employees of the City Council.
(KRS 83A.130(9))
(9) (a) The Mayor shall provide for the orderly continuation of the functions of city government at any time he or she is unable to attend to the duties of his or her office by delegating responsibility for any function to be performed, in accordance with division (D)(4) above.
(b) However, the Mayor may not delegate the responsibility of presiding at meetings of the City Council, and the authority to approve ordinances or promulgate administrative procedures may only be delegated to an elected officer. With approval of the City Council, the Mayor may rescind any action taken in his or her absence under division (D)(7) above within 30 days of the action.
(c) If for any reason the disability of the Mayor to attend to his or her duties persists for 60 consecutive days, the office of Mayor may be declared vacant by a majority vote of the City Council and the provisions of division (C) above shall apply.
(KRS 83A.130(10))
(E) Compensation.
(1) The salary for the office of Mayor, commencing with the term that begins January 2015, is hereby set and shall be $25,000 per year, payable as biweekly payments.
(2) The provisions are in accordance with the provisions of KRS 83A.075(1) the Department for Local Government calculates, by the second Friday in February of each year, the maximum allowable annual compensation of the mayor in cities of the first class, the mayor in cities other than the first class, and legislative body members.
(3) The Department’s calculations are based upon the court-established formula application of Section 246 of the Kentucky Constitution, setting forth maximum compensation levels for state and local governmental constitutional officers. Under the prescribed formula, salary maximums set in the 1949 Amendment of Section 246 of Kentucky’s Constitution, to be paid to constitutional officers, are adjusted to reflect the current purchasing power of the dollar. The adjustments are based upon the Consumer Price Index maintained and reported by the United States Department of Labor, Bureau of Labor Statistics.
(4) The legislative body shall allow for the COLA to be adopted into the planning for each fiscal year’s budget planning, and take effect and be added to the Mayor’s salary and Council Pay upon passage and effective date of the budget each year. An exception is to be made for the 2022-2023 year, whereas the COLA increase will take effect upon a passage of a budget amendment this section.
(5) The city will provide a single plan for medical insurance for the Mayor, the same as available for employees.
(6) The Mayor will work a minimum of 35 hours per week, which may include time attending meetings or other obligations required by the duties of the office or the City Council.
(Ord. 7-2014, passed 4-26-2014; Ord. 07-2022, passed 10-17-2022)
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