(A) Election; term of office. The Mayor of the city shall be elected by the voters of the city at a regular election. The Mayor’s term of office begins on the first day of January following the election and shall be for four years and until a successor qualifies. If a person is elected or appointed as Mayor in response to a vacancy and serves less than four calendar years, then that period of service shall not be considered for purposes of re-election to a term of office.
(B) Qualifications. The Mayor of the city shall be at least 21 years of age, shall be a registered voter in the city for not less than one year prior to the election, shall reside in the city and be a registered voter throughout the Mayor’s term of office. Candidates shall be subject to all other applicable election laws, such as KRS 83A.045. The Mayor shall be bonded as required by KRS 62.050, 62.060, and 65.067.
(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, members of the City Council shall not vote for themselves. (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 for the 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 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. The Mayor shall supervise all departments of city government and the conduct of all city officers and employees under administrative jurisdiction and require each department to make reports as required by ordinance or as deemed desirable.
(2) The Mayor is the chief executive officer of the city, whose principal function is to oversee the management of the city’s daily affairs. The Mayor’s position is a full-time, executive position and shall be the incumbent’s primary employment, devoting full time and attention to the performance of the duties incident to the executive position, and any outside employment shall not affect the Mayor’s ability to fulfill the normal daily duties and responsibilities to the city.
(3) In addition, the Mayor is encouraged to maintain liaison with related units of local government respecting interlocal contracting and joint activities and to attend and participate as a representative of the city at various events and meetings which often take place outside of normal working hours. These include, but are not limited to, meetings of organizations, committee meetings, and commissions which advance the interests of the city.
(4) The Mayor shall report to the City Council and to the public on the condition and needs of city government as the Mayor finds appropriate or as required by ordinance, but not less than annually, or to the City Council in its investigative role. The Mayor shall make any recommendations for actions by the Council the Mayor finds in the public interest. (KRS 83A.130(3), (13))
(5) 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 City Clerk. (KRS 83A.130(4))
(6) Any significant delegation of the Mayor's power, duties, or responsibilities to subordinate officers and employees and any expression of 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))
(7) All bonds, notes, contracts, and written obligations of the city shall be made and executed by the Mayor or the agent designated by executive order. (KRS 83A.130(8))
(8) 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))
(9) The Mayor shall provide for the orderly continuation of the functions of city government at any time the Mayor is unable to attend to the duties of office by delegating responsibility for any function to be performed, in accordance with division (D)(6) 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 the Mayor’s absence under this section within 30 days of such action. If for any reason the disability of the Mayor to attend to 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))
(E) Compensation.
(1) Through December 31, 2018, the Mayor shall be compensated for the performance of his duties by a salary in the annual amount not to exceed $42,000 in 2006 dollars and such amount shall be adjusted annually, beginning in the 2006- 2007 fiscal year, based on the formula established by KRS 83A.075 and as computed annually by the Kentucky Department for Local Government.
(2) Effective January 1, 2019, the Mayor shall be compensated for the performance of duties in the annual amount of $72,930.15 in 2018 dollars and such amount shall be adjusted annually, beginning in the 2019-2020 fiscal year, based on the formula established by KRS 83A.075 and as computed annually by the Kentucky Department for Local Government.
(3) Effective January 1, 2023, the Mayor shall be compensated in the annual amount designated in the 2022-2023 Prospect annual budget and such amount may be increased annually, beginning in the 2023-2024 fiscal year, based on employee salary increases determined by the City Council for the succeeding fiscal year, not to exceed the percentage of any annual raise given to the majority of other city employees.
(4) The Mayor may, by written notification to the City Clerk, forego payment of all or part of such salary for any period of time for which the Mayor is herein entitled.
(F) Benefits and allowances. The Mayor, working full-time for the city, shall be eligible to receive any benefit to which full- time, permanent employees of the city are entitled. Provided, however, nothing in this section shall be deemed to be compensation to the Mayor for the performance of the duties of said office.
(Ord. 175-1988, passed 12-19-88; Am. Ord. 247-1992, passed 10-5-92; Am. Ord. 426-2002, passed 5-20-02; Am. Ord. 450-2005, passed 4- 18-05; Am . Ord. 471-2006, passed 8-2-06; Am. Ord. 521-2012, passed 7-16-12; Am. Ord. 551-2017, passed 3-20-17; Am. Ord. 590-2020, passed 7-20-20)
Cross-reference:
Ethical code of conduct concerning zoning matters, see § 155.02