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AN ACT relating to city meetings. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 83A.130 is amended to read as follows: 3
(1) The form of government provided in this section shall be known as the mayor-4
council plan and this section shall, together with KRS 83A.010 to 83A.120, govern 5
any city declared to be under the mayor-council plan by KRS 83A.020 or which has 6
adopted the mayor-council plan pursuant to KRS 83A.160. 7
(2) Each city under this section shall be governed by an elected executive who shall be 8
called mayor and by an elected legislative body which shall be called the city 9
council, and by such other officers and employees as may be provided for by statute 10
or city ordinance. 11
(3) The executive authority of the city shall be vested in and exercised by the mayor. 12
The mayor shall enforce the mayor-council plan, city ordinances and orders, and all 13
applicable statutes. He or she shall supervise all departments of city government 14
and the conduct of all city officers and employees under his or her jurisdiction and 15
shall require each department to make reports to him or her required by ordinance 16
or as he or she deems desirable. The mayor shall maintain liaison with related units 17
of local government respecting interlocal contracting and joint activities. The mayor 18
shall report to the council and to the public on the condition and needs of city 19
government as he or she finds appropriate or as required by ordinance, but not less 20
than annually. He or she shall make any recommendations for actions by the 21
council he or she finds in the public interest. 22
(4) Subject to disapproval of the council, the mayor shall promulgate procedures to 23
ensure[insure] orderly administration of the functions of city government and 24
compliance with statute or ordinance. Upon promulgation or upon revision or 25
rescission of the procedures, copies shall be filed with the person responsible for 26
maintaining city records as provided under KRS 83A.060. 27 UNOFFICIAL COPY 24 RS BR 1397
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(5) The mayor shall preside at meetings of the council. The council may set by 1
ordinance the manner in which one of its number may be selected to preside at 2
meetings of the council in place of the mayor. The mayor may participate in council 3
proceedings, but shall not have a vote, except that he or she may cast the deciding 4
vote in case of a tie. 5
(6) All ordinances adopted by the council shall be submitted to the mayor who shall 6
within ten (10) days after submission either approve the ordinance by affixing his 7
or her signature or disapprove it by returning it to the council together with a 8
statement of his or her objections. No ordinance shall take effect without the 9
mayor's approval unless he or she fails to return it to the legislative body within ten 10
(10) days after receiving it or unless the council votes to override the mayor's veto, 11
upon reconsideration of the ordinance not later than the second regular meeting 12
following its return, by the affirmative vote of one (1) more than a majority of the 13
membership. 14
(7) Any delegation of the mayor's power, duties, or responsibilities to subordinate 15
officers and employees and any expression of his or her official authority to fulfill 16
executive functions shall be made by executive order. Executive orders shall be 17
sequentially numbered by years and shall be kept in a permanent file. 18
(8) All bonds, notes, contracts, and written obligations of the city shall be made and 19
executed by the mayor or his or her agent designated by executive order. 20
(9) The mayor shall be the appointing authority with power to appoint and remove all 21
city employees, including police officers, except as tenure and terms of 22
employment are protected by statute, ordinance, or contract and except for 23
employees of the council. 24
(10) The mayor shall provide for the orderly continuation of the functions of city 25
government at any time he or she is unable to attend to the duties of his or her 26
office by delegating responsibility for any function to be performed in accordance 27 UNOFFICIAL COPY 24 RS BR 1397
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with subsection (7) of this section, provided that the mayor shall not delegate the 1
responsibility of presiding at meetings of the council and that approving ordinances 2
or promulgating administrative procedures may only be delegated to an elected 3
officer. With approval of the council, the mayor may rescind any action taken in his 4
or her absence under this subsection within thirty (30) days of such action. If for 5
any reason the disability of the mayor to attend to his or her duties persists for sixty 6
(60) consecutive days, the office of mayor may be declared vacant by a majority 7
vote of the council and the provisions of KRS 83A.040 shall apply. 8
(11) The legislative authority of the city shall be vested in and exercised by the elected 9
council of the city. The council shall not perform any executive functions except 10
those functions assigned to it by statute. Regular meetings of the council shall be 11
held at least once each month at such times and places as are fixed by ordinance. 12
For each regular meeting of the council an agenda shall be prepared and 13
distributed to each member of the council at least seventy-two (72) hours prior to 14
the time of the meeting, and the agenda shall be made available to members of 15
the public at the time of the regular meeting. Special meetings of the council may 16
be called by the mayor or upon written request of a majority of the council. In the 17
call, the mayor or council shall designate the purpose, time, and place of the special 18
meeting with sufficient notice for the attendance of council members and for 19
compliance with KRS Chapter 61. At a special meeting no business may be 20
considered other than that set forth in the designation of purpose. The minutes of 21
every meeting shall be signed by the person responsible for maintaining city records 22
provided under KRS 83A.060 and by the officer presiding at the meeting. 23
(12) The council shall by ordinance establish all appointive offices and the duties and 24
responsibilities of those offices and codes, rules, and regulations for the public 25
health, safety, and welfare. The council shall by ordinance provide for sufficient 26
revenue to operate city government and shall appropriate the funds of the city in a 27 UNOFFICIAL COPY 24 RS BR 1397
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budget which shall provide for the orderly management of city resources. 1
(13) The council shall have the right to investigate all activities of city government. The 2
council may require any city officer or employee to prepare and submit to it sworn 3
statements regarding his or her performance of his or her official duties. Any 4
statement required by the council to be submitted or any investigation undertaken 5
by the council, if any office, department, or agency under the jurisdiction of the 6
mayor is involved, shall not be submitted or undertaken unless and until written 7
notice of the council's action is given to the mayor. The mayor shall have the right 8
to review any statement before submission to the council and to appear personally 9
or through his or her designee on behalf of any department, office, or agency in the 10
course of any investigation. 11
Section 2. KRS 83A.140 is amended to read as follows: 12
(1) The form of government provided in this section shall be known as the commission 13
plan and this section shall, together with KRS 83A.010 to 83A.120, govern any city 14
declared to be under the commission plan by KRS 83A.020 or which has adopted 15
the commission plan pursuant to KRS 83A.160. 16
(2) Each city under this section shall be governed by an elected officer who shall be 17
called mayor and by elected legislative body members who shall be called city 18
commissioners and which together shall be known as the city commission and by 19
such other officers and employees as may be provided for by statute or city 20
ordinance. 21
(3) All legislative, executive, and administrative authority of the city shall be vested in 22
and exercised by the commission. The commission shall enforce the commission 23
plan, ordinances, and orders of the city and all applicable statutes. The commission 24
shall maintain liaison with related units of local government respecting interlocal 25
contracting and joint activities. The commission shall supervise all departments of 26
city government and the conduct of all city officers and employees under its 27 UNOFFICIAL COPY 24 RS BR 1397
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jurisdiction and may require each department to make such reports to it as it finds 1
necessary. The commission shall report to the public on the condition and needs of 2
the city government as provided by ordinance, but not less than annually. 3
(4) The mayor shall preside at all meetings of the commission and may vote in all 4
proceedings. All bonds, notes, contracts, and written obligations of the city 5
authorized by ordinance or resolution shall be executed by the mayor on behalf of 6
the city. The commission shall designate one (1) city commissioner to serve as 7
mayor pro tem. The mayor pro tem shall act for the mayor whenever the mayor is 8
unable to attend to the duties of his or her office and he or she shall then possess all 9
rights, powers and duties of mayor. If the disability of the mayor to attend to his or 10
her duties continues for sixty (60) consecutive days, the office of mayor may be 11
declared vacant by a majority vote of the commission membership, and the 12
provisions of KRS 83A.040 shall apply. 13
(5) In carrying out its duty to supervise the departments of city government and the 14
conduct of all city officers and employees under its jurisdiction, the commission 15
may require any city officer or employee to prepare and submit to it sworn 16
statements regarding the performance of his or her official duties. 17
(6) All administrative and service functions of the city shall be classified under 18
departments created by ordinance which shall prescribe the functions of the 19
department and the duties and responsibilities of the department head and his or her 20
employees. The commission shall at its first regular meeting in each year designate 21
the commission member to have superintendence over each department established 22
under this subsection, except the commission may delegate responsibility for 23
overall supervision of any or all departments to a city administrative officer 24
established pursuant to KRS 83A.090. 25
(7) Regular meetings of the commission shall be held at least once a month at such 26
times and places as are fixed by ordinance. For each regular meeting of the 27 UNOFFICIAL COPY 24 RS BR 1397
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commission, an agenda shall be prepared and distributed to each member of the 1
commission at least seventy-two (72) hours prior to the time of the meeting, and 2
the agenda shall be made available to members of the public at the time of the 3
regular meeting. Special meetings may be called by the mayor or a majority of the 4
city commissioners. In the call, the mayor or city commissioners shall designate the 5
purpose, time, and place of the special meeting with sufficient notice for the 6
attendance of commission members and for compliance with KRS Chapter 61. At a 7
special meeting no business may be considered other than that set forth in the 8
designation of purpose. The minutes of every meeting shall be signed by the person 9
responsible for maintaining city records provided under KRS 83A.060 and by the 10
officer presiding at the meeting. 11
(8) The commission shall by ordinance establish all appointive offices and the duties 12
and responsibilities of those offices and codes, rules, and regulations for the public 13
health, safety, and welfare. The commission shall by ordinance provide for 14
sufficient revenue to operate city government and shall appropriate such funds in a 15
budget which shall provide for the orderly management of the city's resources. The 16
commission shall promulgate procedures to insure orderly administration of the 17
functions of city government and compliance with statute, ordinance, or order. 18
Section 3. KRS 83A.150 is amended to read as follows: 19
(1) The form of government provided in this section shall be known as the city 20
manager plan and this section shall, together with KRS 83A.010 to 83A.120, 21
govern any city declared to be under the city manager plan by KRS 83A.020 or 22
which has adopted the city manager plan pursuant to KRS 83A.160. 23
(2) Each city under this section shall be governed by an elected officer who shall be 24
called mayor and by elected legislative body members who shall be called city 25
commissioners and which together shall be known as the board of commissioners 26
and by such other officers and employees as may be provided for by statute or city 27 UNOFFICIAL COPY 24 RS BR 1397
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ordinance. 1
(3) All legislative and executive authority of the city shall be vested in and exercised by 2
the board. The mayor shall preside at all meetings of the board and may vote in all 3
proceedings. The mayor shall be recognized as the head of the city government by 4
the Governor for purposes of military law, but shall have no regular administrative 5
duties. The board shall designate one (1) city commissioner to serve as mayor pro 6
tem. The mayor pro tem shall act for the mayor whenever the mayor is unable to 7
attend to the duties of his or her office and he or she shall then possess all rights, 8
powers and duties of mayor. If the disability of the mayor to attend his or her duties 9
continues for sixty (60) consecutive days, the office of mayor may be declared 10
vacant by a majority vote of the board membership and the provisions of KRS 11
83A.040 shall apply. 12
(4) In addition to the requirements of KRS 61.805 to 61.850, the board shall conduct 13
meetings as follows: 14
(a) Regular meetings of the board shall be held at least once each month at such 15
times and places as are fixed by ordinance. For each regular meeting of the 16
board an agenda shall be prepared and distributed to each member of the 17
board, at least seventy-two (72) hours prior to the time of the meeting, and 18
the agenda shall be made available to members of the public at the time of 19
the regular meeting; 20
(b) Special meetings of the board may be called by the mayor or upon written 21
request of a majority of the city commissioners. In the call, the mayor or 22
commissioners shall designate the purpose, time and place of the special 23
meeting with sufficient notice for the attendance of board members and for 24
compliance with KRS Chapter 61. At a special meeting no business shall be 25
considered other than that set forth in the designation of purpose; 26
(c) The minutes of every meeting shall be signed by the person responsible for 27 UNOFFICIAL COPY 24 RS BR 1397
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maintaining city records provided under KRS 83A.060 and the officer 1
presiding at the meeting; and 2
(d) Notwithstanding KRS 61.810, the board may meet in a closed session no 3
more than two (2) times per calendar year for the purposes of conducting a 4
performance evaluation of the city manager. The board shall follow KRS 5
61.815 in conducting the closed session. Any public records related to that 6
performance evaluation shall be subject to the provisions of KRS 61.870 to 7
61.884. 8
(5) The board shall by ordinance establish all appointive offices and the duties and 9
responsibilities of those offices and codes, rules, and regulations for the public 10
health, safety, and welfare. The board shall by ordinance provide for sufficient 11
revenue to operate city government and shall appropriate the funds of a city budget 12
which shall provide for the orderly management of city resources. 13
(6) The board may require any city officer or employee to prepare and submit to it 14
sworn statements regarding his or her performance of his or her official duties and 15
may otherwise inquire into the conduct of duties of any department, office, or 16
agency of the city. 17
(7) The board shall in accordance with KRS 83A.080 create the office of city manager 18
and set qualifications for the office, which shall include[,] but not be limited to 19
professional training or administrative qualifications with special reference to actual 20
experience in or knowledge of accepted practice regarding duties of the office and 21
list duties and responsibilities of the office which shall include[,] but not be limited 22
to: 23
(a) Being responsible to the board for the proper administration of all duties 24
imposed upon him or her by ordinance; 25
(b) Recommending to the board, subject to any statute, ordinance, or contract 26
which relates to the appointment, tenure, or removal of any employee, the 27 UNOFFICIAL COPY 24 RS BR 1397
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appointment, and when necessary for the good of the service, the removal of 1
subordinate employees and officers of the city. No officer or employee of the 2
city shall be appointed or removed except through action by the board, except 3
that the city manager may fill vacancies in the classified service pending the 4
appointment by the board and may employ personnel for temporary positions 5
subject to such conditions as may be imposed by the board; 6
(c) Preparing the budget and submitting it to the board and being responsible for 7
its administration after adoption; 8
(d) Preparing and submitting to the board as of the end of each fiscal year a 9
complete report on the finances and administrative activities of the city for the 10
preceding year; 11
(e) Keeping the board advised of the financial condition and future needs of the 12
city and making recommendations as he deems desirable; 13
(f) Maintaining liaison with related units of local government respecting 14
interlocal contracting and joint activities; 15
(g) Supervising all departments of city government and the conduct of all city 16
officers and employees under his or her jurisdiction and requiring each 17
department to make reports to him or her required by ordinance or as he or 18
she deems desirable; and 19
(h) Performing other duties required of city executive authorities by statute or 20
required of him or her by the board not inconsistent with this section. 21
(8) The board shall appoint a city manager by a majority vote of all its members. The 22
city manager shall be appointed for an indefinite term and may be removed only by 23
a majority vote of all board members. At least thirty (30) days before such removal 24
shall become effective, the board shall, by a majority vote of all its members, adopt 25
a preliminary resolution stating the reasons for his or her removal. The city 26
manager may reply in writing and may request a public hearing which shall be held 27 UNOFFICIAL COPY 24 RS BR 1397
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not earlier than twenty (20) days nor later than thirty (30) days after the filing of the 1
request. After the public hearing, if requested, and after full consideration, the board 2
by majority vote of all its members may adopt a final resolution of removal. By the 3
preliminary resolution, the board may suspend the city manager from duty, but shall 4
in any event cause to be paid to him or her any unpaid balance of his or her 5
compensation and compensation for the next calendar month following adoption of 6
the preliminary resolution. 7
(9) The city manager shall be the chief administrative officer and exercise those 8
executive powers and duties delegated to him or her by ordinance and statute. He 9
or she shall enforce the city manager plan, city ordinances, and all applicable 10
statutes. Subject to approval of the board, the city manager shall promulgate 11
procedures to insure orderly administration of the functions of city government and 12
compliance with statute or ordinance. Any delegation of the city manager's duties or 13
responsibilities to subordinate officers and employees shall be made by municipal 14
order except that all bonds, notes, contracts, and written obligations of the city 15
according to ordinance or resolution shall be made and executed by the mayor on 16
behalf of the city. 17