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(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 )
ELECTED OFFICIALS
(A) Election of city officers is governed by general election laws as provided in KRS Chapters 116 through 121 unless City Council otherwise prescribes by ordinance that election of city officers shall be under nonpartisan city election laws as provided in KRS Chapter 83A. Such ordinance shall become effective not later than 23 days prior to the date prescribed by the election law generally for filing notification and declaration forms with the County Clerk in a year in which a regular election is to be held in which any city office is to be filled. Immediately subsequent to publication of any ordinance prescribing that election of city officers be under nonpartisan city election laws, a copy of the ordinance shall be filed with the County Clerk of the county in which the city is located.
(B) The city may change the manner of election of city officers within the provisions of division (A) of this section by ordinance, except that no change shall be made earlier than 5 years from the last change.
(C) 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.
(D) 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.
(E) No abolition of any elected office shall take effect until expiration of the term of the current holder of the office.
(F) 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.
(G) The city may not create any elected office. Existing elected offices may be continued under provision of divisions (D), (E) and (F) above, but no existing elected office may be changed.
(Prior Code KOC, § 230.11, passed 3-4-1991)
Statutory reference:
Creation, abolishment of city offices, see KRS 83A.080(3), (4)
Election of city officers, see KRS 83A.050
(A) Election; term of office. The Mayor of this city shall be elected by the voters of the city at a regular election. His or her term of office begins on the first day of January following his or her election and shall be for 4 years and until his or her successor qualifies.
(B) Qualifications. The Mayor shall be at least 21 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, 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 a voluntary resignation in the office of Mayor shall occur unless a written resignation which specifies the resignation date is tendered to the City Council. The resignation may be submitted through electronic mail if it originates from the official’s electronic mail address and includes also the official’s handwritten signature. The resignation shall be effective at the next regular or special meeting of the city legislative body 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 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 Council he or she finds in the public interest.
(KRS 83A.130(3))
(4) Subject to disapproval of the Council, the Mayor shall promulgate procedures to insure 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 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 Council, and the authority to approve ordinances or promulgate administrative procedures may only be delegated to an elected officer. With approval of the Council, the Mayor may rescind any action taken in his or her absence under this section within 30 days of the 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 Council and the provisions of § 31.21(C) shall apply.
(KRS 83A.130(10))
For provisions concerning City Council, see Chapter 32.
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
(B) All nonelected city officers shall be appointed by the Mayor with approval of City Council.
(C) All nonelected officers may be removed by the Mayor at will unless otherwise provided by statute or ordinance. Upon removal of a nonelected officer at will, the Council shall give the officer a written statement setting forth the reason or reasons for the removal. However, this requirement shall not be construed as limiting in any way the at will dismissal power of the Council.
(Prior Code KOC, § 230.25, passed 8-6-2001)
Statutory reference:
Nonelected city offices, see KRS 83A.080(1), (2)
(A) The city hereby establishes the office of the City Clerk.
(B) The office of City Clerk may, by ordinance, be combined with any other nonelected city office by inclusion of the title and duties of such office.
(C) The duties and responsibilities of the Clerk shall include, but are not limited to the following:
(1) Maintenance and safekeeping of the permanent records of the city;
(2) Performance of the duties required of the “official custodian” or “custodian” pursuant to KRS 61.870 through 61.882;
(3) Possession of the seal of the city if used;
(4) No later than January 31 of each year, mail or electronically submit to the Department for Local Government a list containing current city information including, but not limited to, the following:
(a) The correct name, telephone number and electronic mail address of the Mayor, legislative body members, and the correct name, telephone number, and electronic mail address for the city's appointed officials or employees who are serving in the following roles or substantially similar roles as of January 1 of each year:
1. City Clerk;
2. City Treasurer or Chief Financial Officer;
3. City Manager or Administrator;
4. City Attorney;
5. Human Resources Director;
6. Police Chief;
7. Fire Chief;
8. Public Works Director;
9. Risk Manager;
10. Information Technology Manager;
11. Public Relations or Communications Officer; and
12. Planning and Zoning Administrator.
(b) The correct name of the city, mailing address for city hall and telephone number of the City Hall; and
(c) 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.;
(5) Performance of all other duties and responsibilities required of the City Clerk by statute or ordinance.
(KRS 83A.085)
(D) Compensation shall be in the amount as established by the City Council from time to time as set forth in § 31.02.
(E) No person shall be appointed or act as the City Clerk unless such person has taken the oath required by § 228 of the Constitution of the Commonwealth of Kentucky and has provided bond, if required, with corporate surety authorized to transact business in Kentucky and conditioned upon the performance of the duties specified herein.