§ 32.02 VACANCIES.

   (A)   Vacancies. If one or more vacancies on Council occur in a way that one or more members remain seated, the remaining members shall within thirty (30) days fill the vacancies one at a time, giving each new appointee reasonable notice of his selection as will enable him to meet and act with the remaining members in making further appointments until all vacancies are filled. If vacancies occur in a way that all seats become vacant, the Governor shall appoint qualified persons to fill the vacancies sufficient to constitute a quorum. Remaining vacancies are filled as provided in this section.

      (1)   No vacancy by reason of a voluntary resignation of a member of the City Council shall occur unless a written resignation which specifies a resignation date is tendered to the City Council. The resignation shall be effective at the next regular meeting of the city legislative body.

(KRS 83A.040(7))

      (2)   If a vacancy occurs on the city council 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))

   (B)   Failure to fill vacancies. If for any reason, any vacancy on Council 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(5)

Statutory reference:

   Filling of vacancies for nonpartisan city office, see KRS 83A.175

§ 32.03 POWERS AND DUTIES.

   (A)   The legislative authority of the city is hereby vested in and shall be exercised by the elected Council of the city. The Council may not perform any executive functions except those functions assigned to it by statute.

(KRS 83A.130(11))

   (B)   The Council shall establish all appointive offices and the duties and responsibilities of those offices and codes, rules, and regulations for the public health, safety, and welfare.

(KRS 83A.130(12))

   (C)   The Council shall provide, by ordinance, for sufficient revenue to operate city government and shall appropriate the funds of the city in a budget which provides for the orderly management of city resources.

(KRS 83A.130(12))

   (D)   The Council may investigate all activities of the city government. The Council may require any city officer or employee to prepare and submit to it sworn statements regarding the performance of his official duties. Any statement required by the Council to be submitted or any investigation undertaken by the Council, if any office, department, or agency under the jurisdiction of the Mayor is involved, shall not be submitted or undertaken unless and until written notice of the Council’s action is given to the Mayor. The Mayor may review any statement before submission to the Council and to appear personally or through his designee on behalf of any department, office, or agency in the course of any investigation.

(KRS 83A.130 (13))

RULES OF PROCEDURE

§ 32.20 MAYOR AS PRESIDING OFFICER.

   (A)   The Mayor shall preside at meetings of the Council. The Council has the authority to establish, by ordinance, the manner in

which one of its number may be selected to preside at meetings of the Council in the absence of the Mayor.

Cross-reference:

   Procedure for electing presiding officer, see § 32.23

   (B)   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.

(KRS 83A.130(5))

§ 32.21 MEETINGS.

   (A)   The regular meetings of the City Council, City Caucus and Code Enforcement Board shall be held in the Newman Memorial Building, 3920 Dixie Highway, Shively, Kentucky.

   (B)   Caucus meetings and regular meetings of the City Council shall be held monthly according to the following specific schedule:

      1st Monday: Caucus, 6:30 p.m., regular meeting, 6:45 p.m., Code Enforcement Board, 5:30 p.m.

      3rd Monday: Caucus, 6:30 p.m., regular meeting, 6:45 p.m., Code Enforcement Board, 5:30 p.m.

   (C)   If a legal holiday occurs on the day of the meeting, the regular meeting of the said City Council and Code Enforcement Board shall be held the following Monday at the time listed above. Legal holidays are New Year's Day, Dr. Martin Luther King's Birthday, Memorial Day, Juneteenth, July 4th, Labor Day and Christmas Eve or Christmas Day.

(Ord. 1-1985, passed 1-22-85; Am. Ord. 6-1986, passed 2-17-86; Am. Ord. 2-1988, passed 1-11-88; Am. Ord. 2-1988, passed 1-11-88; Am. Ord. 1-1990, passed 1-8-90; Am. Ord. 1-1992, passed 1-13-92; Am. Ord. 1-1994, passed 1-10-94; Am. Ord. 11-1994, passed 6-27-94; Am. Ord. 1-1995, passed 2-6-95; Am. Ord. 1-1997, passed 2-3-97; Am. Ord. 1-2004, passed 1-20-04; Am. Ord. 3-2005, passed 2-7-05; Am. Ord. 5-2011, passed 5-16-11; Am. Ord. 2-2013, passed 3-18-13; Am. Ord. 3- 2019, passed 6-3-19; Am. Ord. 5-2022, passed 7-5-22; Am. Ord. 14-2023, passed 1-2-24)

   (D)   Special meetings of the Council may be called by the Mayor or upon written request of a majority of the Council. In the call, the Mayor or Council shall designate the purpose, time, and place of the special meeting with sufficient notice for the attendance of Council members and for compliance with KRS Chapter 61.

   (E)   At a special meeting no business may be considered other than that set forth in the designation of purpose.

   (F)   The minutes of every meeting shall be signed by the person responsible for maintaining city records as provided under § 31.38 and by the officer presiding at the meeting.

(KRS 83A.130(11))

§ 32.22 QUORUM.

   Unless otherwise provided by statute, a majority of the Council constitutes a quorum and a vote of a majority of a quorum is sufficient to take action.

(KRS 83A.060(6))

Cross-reference:

   Public meetings, see Chapter 34A