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If a vacancy occurs in the office of Mayor, the following provisions shall apply:
(A) The City Council shall fill the vacancy within thirty (30) days.
(B) A Council Member may not vote for himself to fill the position of Mayor.
(C) When voting to fill the vacancy created by a resignation of a Mayor, the resigning Mayor shall not vote on his or her successor.
(D) The Council shall elect from among its members an individual to preside over meetings of the Council during any vacancy in the office of Mayor.
(E) If for any reason the disability of the Mayor to attend to his or her duties persists for sixty (60) consecutive days, the office of the Mayor may be declared vacant by a majority vote of the Council.
(F) If for any reason a vacancy in the office of Mayor is not filled within thirty (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, 83A.130)
No vacancy by reason of a 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 official’s electronic mail address and includes also the official’s handwritten signature. The resignation shall be effective at the next regular meeting of the City Council.
(KRS 83A.040)
The Mayor shall have the following duties:
(A) The Mayor shall enforce the Mayor-Council plan, city ordinances and orders, and all applicable statutes.
(B) The Mayor shall supervise all departments of city government and the conduct of all city officers and employees under his jurisdiction and shall require each department to make reports to him required by ordinance or as he deems desirable.
(C) The Mayor shall maintain liaison with related units of local government respecting interlocal contracting and joint activities.
(D) The Mayor shall report to the Council and to the public on the condition and needs of city government as he finds appropriate or as required by ordinance, but not less than annually. He shall make any recommendations for actions by the Council he finds in the public interest.
(E) Subject to disapproval of the Council, the Mayor shall promulgate procedures to insure orderly administration of the functions of city government and compliance with statute or ordinance. Upon promulgation or upon revision or rescission of the procedures, copies shall be filed with the City Clerk/Treasurer.
(F) The Mayor shall preside at meetings of the Council. The Mayor may participate in Council proceedings, but shall not have a vote, except that he may cast the deciding vote in case of a tie.
(G) All bonds, notes, contracts, and written obligations of the city shall be made and executed by the Mayor or his agent designated by executive order.
(H) 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.
(I) The Mayor shall provide for the orderly continuation of the functions of city government at any time he is unable to attend to the duties of his office by delegating responsibility for any function to be performed in accordance with § 20.106, provided that the Mayor shall not delegate the responsibility of presiding at meetings of the Council and that approving ordinances or promulgating administrative procedures may only be delegated to an elected officer. With approval of the Council, the Mayor may rescind any action taken in his absence under this subsection within thirty (30) days of such action. If for any reason the disability of the Mayor to attend to his duties persists for sixty (60) consecutive days, the officer of Mayor may be declared vacant by a majority vote of the Council and the provisions of KRS 83A.040 shall apply.
(KRS 83A.130(10))
Any delegation of the Mayor's power, duties or responsibilities to subordinate officers and employees and any expression of his official authority to fulfill executive functions shall be made by executive order. Executive orders shall be sequentially numbered by years and shall be kept in a permanent file.
(KRS 83A.130)
ARTICLE III. CITY COUNCIL
Each City Council member shall be elected at-large at a regular election in accordance with the nonpartisan city election laws provided in KRS Chapter 83A. There shall be no nonpartisan primary election for the nomination of candidates of the Office of City Council, regardless of the number of candidates running for the member seats on the Council.
(Ord. 2017-02-16, passed 2-16-17)
Statutory reference:
City Council election regulations, see also KRS 83A.040
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