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ELECTED OFFICERS
(A) Election of city officers is governed by general election laws as provided in KRS Chapters 116 through 121 unless the Commission otherwise prescribes by ordinance that election of city officers shall be under nonpartisan city election laws as provided in KRS Ch. 83A. 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 Commissioners 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 no 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(3), (4)
(A) Election; term of office. The Mayor of this city shall be elected by the voters of the city at a regular November 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 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 the purposes of re-election for a term of office. The Mayor shall be nominated and elected from the city at large.
(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 or her term of office.
(C) Vacancy. If a vacancy occurs in the office of Mayor, the Commission 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, a member of the City Commission shall not vote for himself.
(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 Commission. 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 Commission 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 Commission shall immediately notify in writing both the County Clerk and the Secretary of State of the vacancy. (KRS 83A.040(8))
(5) The City Commission shall elect from among its members an individual to preside over meetings of the City Commission 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 Mayor shall preside at all meetings of the Commission and may vote in all proceedings.
(2) All bonds, notes, contracts, and written obligations of the city authorized by ordinance or resolution shall be executed by the Mayor on behalf of the city.
(KRS 83A.140 (4))
(E) Mayor Pro Tem.
(1) The Commission shall designate one City Commissioner to serve as Mayor Pro-Tem. The Mayor Pro-Tem shall act for the Mayor whenever the Mayor is unable to attend to the duties of his or her office and he or she shall then possess all rights, powers, and duties of Mayor.
(2) If the disability of the Mayor to attend to his or her duties continues for 60 consecutive days, the office of Mayor may be declared vacant by a majority vote of the Commission membership, and the provisions of division (C) above shall apply.
(KRS 83A.140 (4))
For provisions concerning the City Commission, see Chapter 32.
NONELECTED CITY OFFICIALS
(A) All nonelected city offices shall be created by ordinance which shall specify:
(l) Title of office;
(2) Powers and duties of office;
(3) Oath of office;
(4) Bond, if required; and
(5) Compensation.
(B) All nonelected city officers shall be appointed by the Commission.
(C) All nonelected officers may be removed by the Commission at will unless otherwise provided by statute or ordinance.
(D) The following are nonelected city offices:
(1) City Clerk/Tax Collector
(2) City Treasurer
(3) City Administrative Officer
Statutory reference:
Nonelected city offices, see KRS 83A.080(l),(2)
(A) Establishment. The office of City Clerk/Tax Collector is hereby established in accordance with KRS 83A.085.
(B) Appointment. The City Clerk/Tax Collector shall be appointed by the City Commission pursuant to KRS 83A.080 and may be removed by the Commission at will.
(C) Oath and bond. No person shall be appointed or act as the City Clerk/Tax Collector unless such person has taken the oath required by Section 228 of the State Constitution, has provided a bond in the sum of $2,500 with corporate surety authorized to transact business in Kentucky and conditioned upon the performance of the duties specified herein, and has the following qualifications:
(1) Training and experience. Graduation from high school or its equivalent supplemented by three years of progressively responsible experience in clerical work involving frequent contact with the public; or any combination of education, training, and experience which provides the necessary knowledge, skills, and abilities to perform effectively the duties of the position is required.
(2) Special knowledge, skills, and abilities. Considerable knowledge of modern office practices, procedures, and equipment; considerable knowledge of the legal requirements related to keeping and preserving Commission minutes and records; working knowledge of procedures for Commission meetings and local government operations; working knowledge of modern accounting practices and procedures and the basic principles of public finance; typing ability; ability to establish and maintain effective working relationships with employees, governmental officials, and the general public; ability to maintain important records efficiently and accurately and to prepare clear and concise reports; initiative and resourcefulness; thoroughness; orderliness; patience, neatness; integrity; tact; diplomacy; and supervisory ability are required.
(D) Functions, powers, and duties. Subject to the general supervision of the City Commission, the City Clerk/Tax Collector shall:
(1) Prepare the agenda for each meeting of the City Commission and distribute to all members thereof such correspondence and documents as are relevant thereto; attend each meeting thereof; and provide the general secretarial and clerical assistance necessary to the functions of the City Commission.
(2) Prepare the official record of each meeting of the City Commission and maintain and safely keep it and all the permanent records of the city as well as the seal of the city as required by KRS 83A.085.
(3) Perform all actions required by law as the City Clerk/ Tax Collector; and prepare, issue, and deliver or mail all bills, licenses, and other documents and correspondence in regard to the collection of the taxes, licenses, fees, and other revenues of the city, the deposit thereof, the records in regard thereto, and the accounting therefor.
(4) Pay from the Petty Cash Fund such debts and expenses of the city which do not exceed the sum of $100. Upon disbursement of any funds from the Petty Cash Fund, the City Clerk/Tax Collector shall obtain from the person to whom the disbursement is made such receipts, vouchers, and other documents as are needed or required by the City Treasurer.
('78 Code, 130.2, § II (c)) (Ord. 10-1-73, passed 1-11-73)
(5) Supervise, control, and be responsible for the general clerical and secretarial requirements of the City Commission and the personnel, office equipment, and supplies necessary therefor.
(6) No later than January 31 of each year, mail to the Department of Local Government, a list containing current city information including, but not limited to, the following:
(a) The correct name of the mayor, legislative body members, and the following appointed officials who are serving as of January l of each year:
1. City Clerk/Tax Collector;
2. City Treasurer;
3. City Manager;
4. City Attorney;
5. Finance Director;
6. Police Chief;
7. Fire Chief, and
8. Public Works Director
(b) The correct name of the city, mailing address for City Hall, and telephone number of City Hall; and
(c) The name and telephone number of either an elected or appointed official to serve as a contact person that may be reached during normal business hours of 8:00 a.m. to 4:30 p.m.
(E) Office hours. The City Clerk/Tax Collector shall maintain regular office hours from 9:00 a.m. to 4:00 p.m. Monday through Friday, except for holidays, for the purpose of conducting city business. ('78 Code, 130.2, § II (c))
(F) Compensation. The compensation of the City Clerk/Tax Collector shall be a sum as set by ordinance, following the procedures set forth in § 31.02.
(Ord. 6-2-82, passed 3-11-82; Am. Ord. 74(2-8-95), passed 2-8-95)
Cross-reference:
Office Administration Department, see § 32.42
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