§ 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

§ 31.16 MAYOR.

   (A)   Election; term of office.

      (1)   The Mayor of the city shall be elected by the voters of the city at a regular election.

      (2)   His or her term of office begins on January 1 following his or her election and shall be for four years and until his or her successor qualifies.

   (B)   Qualifications. The Mayor shall be at least 25 years of age, shall be a qualified voter in the city and shall reside in the city throughout his or her term of office.

   (C)   Vacancy. If a vacancy occurs in the office of 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(1), (2), (6))

      (1)   When voting to fill a vacancy in the office of 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 voluntary resignation in the office of Mayor shall occur unless a written resignation which specifies a resignation date is tendered to the City Council. The resignation may be submitted through electronic mail if it originates from the Mayor’s electronic mail address and includes also the Mayor’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 Mayor which is required by law to be filled temporarily by appointment, the City Council 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.

(KRS 83A.040(2)(d))

   (D)   Powers and duties.

      (1)   The executive authority of the city is hereby vested in and shall be exercised by the Mayor. The Mayor shall enforce the Mayor-Council Plan, city ordinances and orders and all applicable statutes. 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 require each department to make reports to him or her as required by ordinance or as he or she deems desirable.

      (2)   The Mayor shall maintain liaison with related units of local government respecting interlocal contracting and joint activities.

      (3)   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))

      (4)   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))

      (5)   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))

      (6)   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))

      (7)   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))

      (8)   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)(5) above. 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 this section within 30 days of such action. 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. The salary of the Mayor shall be $18,000 per year beginning January 1, 2015. The position of Mayor shall receive $300 per month for health and life insurance benefits.

(Prior Code, § 31.21) (Ord. 381, passed 9-6-1977; Ord. 489, passed 4-5-1988; Ord. 613, passed 4-6-1999; Ord. 738, passed 4-28-2014)

§ 31.17 CITY COUNCIL MEMBERS.

   For provisions concerning City Council, see Chapter 32 of this code.

(Prior Code, § 31.22)

§ 31.18 MAYOR PRO TEM.

   For provisions concerning the Mayor Pro Tem, see § 32.15 of this code.

(Prior Code, § 31.23)

NONELECTED CITY OFFICIALS