The City of Middletown operates under the commission form of government. Every city organized under the commission plan must have an elected mayor, and four elected commissioners. The Mayor and Commissioners together comprise the City Commission. In the commission form of government, all executive, administrative, and legislative authority of the city is vested in and exercised by the City Commission as a body. The executive and legislative branches of government are combined in the City Commission with limited exceptions as explained below. In the commission form of government, the City Commission is required by KRS 83A.140(6) to separate all the administrative and service functions of the city into departments by ordinance. The ordinance must set forth the functions of the department, and the duties and responsibilities of the department director/supervisors and employees. Each department must be placed under the superintendence of one of the City Commission members at the City Commission's first meeting each year. KRS 83A.140(6) gives Individual City Commissioners authority to exercise certain executive and administrative powers on a day-to-day basis within their superintendent role; however, ultimate authority rests with the City Commission acting as a body. In other words, the City Commission acting as a body has the power to review and, if necessary, override any decision made or any action taken by an individual Commissioner in their superintendent role. Special meetings may be called by the Mayor or a majority of the City Commissioners.
(A) Powers and duties of the Mayor. In commission cities under KRS 83A.140, the Mayor is a full voting member of the legislative body with only limited additional responsibilities and authorities as Mayor. These responsibilities and authorities are the following:
(1) The Mayor shall preside at all meetings of the Commission and may vote in all proceedings.
(2) All bonds, notes, contracts and written obligations of the city authorized by ordinance or resolution shall be executed by the Mayor on behalf of the city.
(3) Many state statutes assign the Mayor the authority and responsibility to appoint individuals to some, but not all, boards and commissions. Specific statutes applying to each board or commission should be consulted to determine the appropriate appointment procedure.
(4) The Mayor also acts as the ceremonial head of the city government and is recognized as the head of the city government by the Governor for purposes of military law and in emergencies.
(B) Powers and duties of the Commission. In commission cities under KRS 83A.140, the Commission as the legislative body wields legislative, executive, and administrative power. The Commission has the power to:
(1) Enforce the Commission plan, ordinances and orders of the city and all applicable statutes.
(2) Maintain liaison with related units of local government respecting interlocal contracting and joint activities.
(3) Supervise all departments of city government and the conduct of all city officers and employees under its jurisdiction and may require each department to make such reports to it as it finds necessary.
(4) The Commission shall report to the public on the condition and needs of the city government as provided by ordinance, but not less than annually.
(5) The Commission shall designate one City Commissioner to serve as Mayor Pro Tem. The Mayor Pro Tem shall act for the Mayor whenever the Mayor is unable to attend to the duties of his or her office and he or she shall then possess all rights, powers and duties of Mayor. If the disability of the Mayor to attend to his or her duties continues for 60 consecutive days, the office of Mayor may be declared vacant by a majority vote of the Commission membership.
(6) In carrying out its duty to supervise the departments of city government and the conduct of all city officers and employees under its jurisdiction, the Commission may require any city officer or employee to prepare and submit to it sworn statements regarding the performance of his or her official duties.
(7) Regular meetings of the commission shall be held at least once a month at such times and places as are fixed by ordinance.
(8) The Commission shall by ordinance establish all appointive offices and the duties and responsibilities of those offices and codes, rules and regulations for the public health, safety and welfare.
(9) The Commission shall by ordinance provide for sufficient revenue to operate city government and shall appropriate such funds in a budget which shall provide for the orderly management of the city’s resources.
(10) The Commission shall promulgate procedures to insure orderly administration of the functions of city government and compliance with statute, ordinance, or order.
(Ord. 5-11-2023-A, passed 6-8-2023)
Statutory reference:
For state laws concerning the City Commission, see KRS 83A. 140(2) and 83A.030(2)