CHAPTER 31: CITY OFFICIALS
Section
General Provisions
   31.01   Oath; bond
   31.02   Compensation
   31.03   Removal from office
   31.04   Authority as citation officer
Elected Officials
   31.20   Election procedure
   31.21   Mayor; Mayor Pro Tem
   31.22   Commissioners
Nonelected City Officials
   31.35   Establishment of nonelected city offices
   31.36   City Clerk/Tax Collector
   31.37   City Treasurer
   31.38   City Administrative Officer
City Employees
   31.45   Legal Counsel
   31.46   Building Inspector/Zoning Administrator
GENERAL PROVISIONS
§ 31.01 OATH; BOND.
   (A)   Oath. Each officer of the city shall, before entering upon the discharge of duties of his office, take the following oath: "I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of this Commonwealth, and the Constitution of the United States, and be faithful and true to the Commonwealth of Kentucky, so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of , according to law; and I do further solemnly swear (or affirm) that, since the adoption of the present Constitution, I being a citizen of this United States, have not fought a duel with deadly weapons within this State, nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as a second in carrying a challenge, nor aided or assisted any person thus offending, so help me God," as established by section 228 of the Kentucky Constitution.
   (B)   Certification. Certification of the person administering the oath of office to an elected official shall certify in writing that the oath was administered and the date of its administration. Said certification shall be filed in accordance with KRS 62.020.
   (C)   Bond.
      (1)   All officers, officials and employees of cities, counties, urban-county governments, charter county governments, a regional wastewater commission, and special districts who handle public funds in the execution of their duties shall give a good and sufficient bond to the local governing body for the faithful and honest performance of his or her duties and as security for all money coming into that person’s hands or under that person’s control. The bond amount shall be based upon the maximum amount of public funds the officer, official, or employee handles at any given time during a fiscal year cycle. The local governing body shall pay the cost of the bond.
      (2)   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 subsection (1) of this section.
(KRS 65.067)
§ 31.02 COMPENSATION.
   (A)   The Commission shall by ordinance fix the compensation of every elected city officer not later than the first Monday in May in the year in which the officer is elected. An elected officer's compensation shall not be changed after his election or during his term of office.
      (1)   In order to equate the compensation of the Mayor and Commissioners with the purchasing power of the dollar, the Department for Local Government computes by the second Friday in February of every year the annual increase or decrease in the consumer price index of the preceding year by using 1949 as the base year in accordance with section 246 of the Constitution of Kentucky, which provides that the Mayor and Commissioners shall be paid at a rate no greater than $7,200 per annum.
      (2)   The Commission shall set the compensation of these officers in accordance with KRS 83A.070 at a rate no greater than that stipulated by the Department for Local Government.
   (B)   The Commission shall fix the compensation of each appointed city officer in the ordinance that creates the office and may change it by ordinance.
   (C)   The Commission shall establish the compensation of city employees in accordance with the personnel and pay classification plan ordinance of the city.
   (D)   All fees and commissions authorized by law shall be paid into the city treasury for the benefit of the city and shall not be retained by any officer or employee.
Statutory reference:
   Compensation, see KRS 83A.070 and 83A.075
§ 31.03 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 Commission 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 Commission 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)
§ 31.04 AUTHORITY AS CITATION OFFICER.
   The nonelected city office of City Administrative Officer, and the employment positions of Fire Chief and Assistant to the City Administrative Officer shall include the power and authority of a citation officer provided in KRS 83A.087.
(Ord. 99(10-23-96), passed 10-23-96)
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