§ 31.04 REMOVAL FROM OFFICE.

   (A)   Elected officers. Any elected officer, in case of misconduct, inability, or willful neglect in the performance of the duties of his 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 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, ordinance, or contract.

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Statutory reference:

   Removal of elected officers, see KRS 83A.040 (6)

   Removal of nonelected officers, see KRS 83A.080 (2)

ELECTED OFFICIALS

§ 31.20 ELECTION PROCEDURE.

   (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 83A.170 and 83A.175. 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 five 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 Councilmembers 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 not existing elected office may be changed.

Statutory reference:

   Election of city officers, see KRS 83A.050

   Creation, abolishment of city offices, see KRS 83A.080(4),(5)

   Election to fill unexpired term of city office, see KRS 83A.165

§ 31.21 MAYOR.

   (A)   Election; term of office. The Mayor of this city shall be elected by the voters of the city at a regular election. A candidate for Mayor shall be a resident of the city for not less than one year prior to his or her election. His or her term of office begins on the first day of January following his or her election and shall be for four years and until his or her 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 reelection a term of office.

   (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 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.

      (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 shall be effective at the next regular or special legislative meeting occurring after the date specified in the written letter of resignation.

(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(1),(2),(5))

2024 S-22

8A    SHIVELY - CITY OFFICIALS    § 31.21

   (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 shall supervise all departments of city government and the conduct of all city officers and employees under his jurisdiction and require each department to make reports to him as required by ordinance or as he 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 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. (KRS 83A.130(3))

      (4)   Subject to disapproval of the 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 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 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))

2008 S-13

    SHIVELY - CITY OFFICIALS    8B

9    SHIVELY - CITY OFFICIALS    § 31.35

      (8)   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 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 absence under this section within 30 days of such action. If for any reason the disability of the Mayor to attend to his 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.

Statutory reference:

   Powers and duties of Mayor, see KRS 83A.130

§ 31.22 COUNCILMEMBERS.

   For provisions concerning City Council, see Chapter 32.

NON-ELECTED CITY OFFICIALS

§ 31.35 ESTABLISHMENT OF NON-ELECTED CITY OFFICES.

   (A)   All non-elected 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.

   (B)   All non-elected city officers shall be appointed by the Mayor with approval of City Council.

   (C)   All non-elected city officers may be removed by the Mayor at will unless otherwise provided by statute.

   (D)   The following are non-elected city offices:

      (1)   Adult Entertainment Director.

      (2)   Alcoholic Beverage Control Administrator.

      (3)   City Clerk/Tax Assessor.

      (4)   City Engineer.

      (5)   Tax Collector.

      (6)   Assistant Police Chief.

      (7)   Assistant Fire Chief.

      (8)   Code Enforcement Officer.

      (9)   Police Chief.

      (10)   Fire Chief.

(Am. Ord. 3-1988, passed 1-4-88; Am. Ord. 3-1995, passed 2-20-95; Am. Ord. 15-1995, passed 9-5-95; Am. Ord. 9-1999, passed 12-6-99; Am. Ord. 5-2020, passed 8-3-20)

Statutory reference:

   Non-elected city offices, see KRS 83A.080(1),(2)