CHAPTER 31: CITY OFFICIALS
Section
General Provisions
   31.01   Oath; bond
   31.02   Compensation
   31.03   Removal from office
Elected Officials
   31.15   Election procedure
   31.16   Mayor
   31.17   City Council members
   31.18   Mayor Pro Tem
Nonelected City Officials
   31.30   Establishment of nonelected city offices
   31.31   City Clerk-Treasurer
   31.32   City Attorney
   31.33   Building Inspector
   31.34   Street Commissioner
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 § 228 of the Constitution of the state.
   (B)   Certification of oath.
      (1)   Certification of the person administering the oath of office to an elected official shall certify in writing that the oath was administered and the date of its administration.
      (2)   Said certification shall be filed in accordance with KRS 62.020.
   (C)   Bond. Official bonds shall, if required, meet the standards of KRS 62.060.
(Prior Code, § 31.01)
§ 31.02 COMPENSATION.
   (A)   The City Council shall establish the compensation of every elected city officer no later than the first Monday of 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.
      (1)   In order to equate the compensation of the Mayors and City Council members with the purchasing power of the dollar, the Department for Local Government computes 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 § 246 of the Constitution of the state, which provides that the Mayor 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.
   (B)   The City Council shall fix the compensation of each appointed city officer by ordinance and may change it by ordinance.
   (C)   The City Council shall establish the compensation of city employees in accordance with the personnel and pay classification plan ordinance of the city.
   (D)   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.
(Prior Code, § 31.02)
Statutory reference:
   Compensation, see KRS 83A.070 and 83A.075
§ 31.03 REMOVAL FROM OFFICE.
   (A)   Elected officers.
      (1)   Any elected officer, in case of misconduct, inability 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.
      (2)   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.
(Prior Code, § 31.03)
Statutory reference:
   Removal of elected officers, see KRS 83A.040(9)
   Removal of nonelected officers, see KRS 83A.080(3)
ELECTED OFFICIALS
§ 31.15 ELECTION PROCEDURE.
   (A)   Election for the offices of Mayor and City Council of the city shall be held by non-partisan primary election, held at the time prescribed by law for primary elections generally, pursuant to KRS 83A.050 and 83A.170. Further, no election for Mayor or City Council shall be conducted at any primary election unless required by law.
   (B)   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.
   (C)   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.
   (D)   No abolition of any elected office shall take effect until expiration of the term of the current holder of the office.
   (E)   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.
   (F)   The city may not create any elected office. Existing elected offices may be continued under provision of divisions (D) and (E) above and this division (F), but no existing elected office may be changed.
(Prior Code, § 31.20) (Ord. 416, passed 2-25-1981; Ord. 544, passed 12-10-1992)
Statutory reference:
   Creation, abolishment of city offices, see KRS 83A.080(3),(4)
   Election of city officers, see KRS 83A.050
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