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GENERAL PROVISIONS
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 Kentucky Constitution.
(A) City Council shall establish the compensation of every elected city officer not later than the first Monday in 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 Mayors and Council members with the purchasing power of the dollar, the Department of 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 Kentucky, 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 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 of Local Government.
(B) The legislative body shall fix the compensation of city employees and nonelected city officers in accordance with a personnel and pay classification plan, which shall be adopted by ordinance.
(C) 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 KOC, § 230.26, passed 2-2-2004)
Case law reference:
The limits on compensation contained in the Kentucky Constitution are not absolute limits but rather increase or decrease in accordance with changes in the consumer price index. See Matthews v Allen, 360 SW2d 248 (1948).
Editor’s note:
Compensation ordinances are not set forth in this code, but are rather kept on file and available for public inspection in the office of the City Clerk-Treasurer.
Statutory reference:
Compensation, see KRS 83A.070 and 83A.075
(A) Elected officers. 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. 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 reference:
Removal of elected officers, see KRS 83A.040(9)
Removal of nonelected officers, see KRS 83A.080(2)
(A) Official bonds shall, if required, meet the standards of KRS 62.060.
(B) All officers and employees of the city who handle public funds in the execution of their duties shall give a good and sufficient bond to the city for the faithful and honest performance of their duties, and as security for all money coming into the officer’s hands or under the officer’s control. The amount of the bond shall be established based on the amount of public funds the officer handles at any point in time during the fiscal year and may be satisfied by a blanket or umbrella bond covering all or a group of city officers and employees. The cost of the bond shall be paid by the city.
(C) Elected officials who post bond as required by statute, and employees of their offices covered by a blanket or umbrella bond, shall be deemed to have complied with division (A) of this section.
(KRS 65.067 )
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