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(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)
For provisions concerning City Council, see Chapter 32 of this code.
(Prior Code, § 31.22)
For provisions concerning the Mayor Pro Tem, see § 32.15 of this code.
(Prior Code, § 31.23)
NONELECTED CITY OFFICIALS
(A) All nonelected city offices shall be created by ordinance which shall specify:
(1) Title of office;
(2) Powers and duties of office;
(3) Oath of office;
(4) Bond, if required; and
(5) Compensation, which may be specifically established or set by reference to another ordinance in which the compensation is specifically established.
(B) With the exception of the Police Chief and all city police officers, all nonelected city officers shall be appointed by the Mayor with approval of the City Council. The Police Chief and all city police officers shall be appointed by the Mayor at will and such appointments need not be approved by the City Council.
(C) All nonelected officers may be removed by the Mayor at will unless otherwise provided by statute or ordinance.
(D) The following are nonelected city offices:
(1) City Clerk-Treasurer;
(2) City Attorney; and
(3) Building Inspector.
(Prior Code, § 31.35)
Statutory reference:
Nonelected city offices, see KRS 83A.080(1),(2)
(A) The nonelected office of Clerk-Treasurer of the city is hereby created.
(B) Said office shall be filled by nomination by the Mayor with the concurrence of the City Council.
(C) Said officer shall be a citizen of the county, at least 18 years of age and a high school graduate.
(D) Said officer shall take the oath of office prescribed by § 228 of the Constitution of the state within 30 days after receiving notification of the appointment.
(E) Before entering upon the duties of said office and within 30 days after receiving notice of appointment, said officer shall execute a corporate bond in a sum of at least $50,000, conditioned for the faithful performance of the duties of said office and securing collection of any moneys due the city.
(F) The Clerk-Treasurer shall be the financial officer of the city, the Clerk of the Council, the City Treasurer and the occupational license collector.
(G) In the capacity of the City Clerk, said officer shall assist in the preparing of the agenda for and shall attend all meetings of the City Council; keep full and accurate minutes of City Council proceedings recording them prior to the next regular meeting in a journal kept for that purpose and deliver copies of said minutes to the Mayor and City Council members before the following regular meeting; act as custodian of the city seal and of all records and papers not properly belonging to some other office; shall advertise all ordinances adopted by the City Council; and perform such other duties as may be required by the City Council.
(H) (1) In the capacity of the City Treasurer, said officer shall supervise the performance of all municipal accounting including the processing of bills, issuance of checks, preparation of necessary financial records; transfer funds from one account to another; prepare or supervise the preparation of financial reports for the City Council, federal and state agencies relating to social security and similar programs; provide information and assistance to federal, state and local auditors; and upon approval by the City Council make all banking and investing decisions and transactions.
(2) Upon allowance by City Council, the Treasurer prepares checks and has them signed by two of the following: Clerk-Treasurer, Mayor or a designated City Council member.
(I) In the capacity of occupational license collector, said officer shall supervise and mail notices of occupational license due and supervise and participate in the collection of occupational license, building permits and other receipts due the city; issue occupational licenses; prepare bank deposits; order supplies pertaining to the office of Clerk-Treasurer; collect delinquent occupational taxes and maintain records relating to same and make such reports to the City Council as it may require.
(J) The Clerk-Treasurer shall, no later than January 31 of each year, mail to the Department for Local Government, a list containing current city information including, but not limited to, the following:
(1) The correct name of the Mayor, legislative body members and the following appointed officials who are serving as of January 1 of each year:
(a) City Clerk;
(b) City Treasurer;
(c) City Manager;
(d) City Attorney;
(e) Finance Director;
(f) Police Chief;
(g) Fire Chief; and
(h) Public Works Director.
(2) The correct name of the city, mailing address for City Hall and telephone number of City Hall; and
(3) The name and telephone number of either an elected or appointed official to serve as a contact person that may be reached during normal business hours of 8:00 a.m. to 4:30 p.m.
(K) The Clerk-Treasurer shall perform of any other duties and responsibilities required of the City Clerk by statute or ordinance.
(KRS 83A.085)
(L) The salary of the City Clerk-Treasurer shall be established by ordinance.
(Prior Code, § 31.36) (Ord. 382, passed 9-6-1977; Ord. 490, passed 4-5-1988; Ord. 521, passed 7-3-1990; Ord. 523, passed 8-7-1990)
(A) The part-time nonelected office of City Attorney of the city is hereby created.
(B) Said office shall be filled by nomination by the Mayor with the concurrence of the City Council.
(C) Said officer shall be a resident of the county, at least 18 years of age and have a law degree.
(D) Within 30 days after receiving notification of appointment, said officer shall take the oath of office prescribed by § 228 of the Constitution of the state.
(E) Said officer shall advise the City Council and city officers of all legal matters pertaining to the business of the city; prosecute all violations of city ordinances; represent the city in all litigation to which it may be a party; prepare legal documents and papers on behalf of the city; and perform all other duties required of him or her by the City Council or Mayor.
(Prior Code, § 31.37) (Ord. 395, passed 2-6-1979; Ord. 427, passed 4-26-1982; Ord. 436, passed 8-3-1982; Ord. 489, passed 4-5-1988; Ord. 606, passed 9-1-1998)
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