Download as PDF
183.132 Local air boards.
(1)
(2)
(3)
(4)
(5)
Any urban-county government, city, or county, or city and county acting jointly,
or any combination of two (2) or more cities, counties, or both, may establish a
nonpartisan air board composed of six (6) members. Any city other than the
first class and county jointly or an urban-county government established
pursuant to KRS Chapter 67A may establish a nonpartisan board composed of
ten (10) members. Any existing six (6) member board, including a board
established in an urban-county government, may be expanded to ten (10)
members by action of the government entity or entities that established the six
(6) member board.
Any city of the first class, jointly with the county containing the city or a
consolidated local government, may establish or maintain a nonpartisan air
board. Membership of the board shall be appointed in accordance with
subsection (6) or (11) of this section. Any air board established or maintained
in a county containing a city of the first class or consolidated local government
shall be composed of eleven (11) members.
The board shall be a body politic and corporate with the usual corporate
attributes, and in its corporate name may sue and be sued, contract and be
contracted with, and do all things reasonable or necessary to effectively carry
out the duties prescribed by statute. The board shall constitute a legislative
body for the purposes of KRS 183.630 to 183.740.
The members of an air board composed of six (6) members shall be appointed
as follows:
(a) If the air board is established by a city, the members shall be appointed
by the mayor of the city;
(b) If the air board is established by a county, the members shall be
appointed by the county judge/executive except that in the event that an
airport is located outside the boundary of the county establishing the
airport board, the county judge/executive shall appoint an additional
member to the air board from the jurisdiction where the airport is
physically located. The additional member shall serve a four (4) year term
in accordance with the provisions of subsection (7) of this section and
receive full voting privileges on matters brought before the airport board;
(c) If the air board is established as a joint city-county air board, the
members shall be appointed jointly by the mayor of the city and the
county judge/executive;
(d) If a combination of cities, counties, or both, establishes a joint air board,
the mayors and county judges/executive involved shall jointly choose six
(6) members and shall jointly choose successors;
(e) If the air board is established by an urban-county government, the mayor
of the urban-county government or an officer of the urban-county
government designated by the mayor shall serve as one (1) member of
the board. The remaining five (5) members shall be appointed by the
mayor. One (1) of the members appointed by the mayor shall live within a
three (3) mile radius of the airport.
The members of an air board composed of ten (10) members in a city other
(6)
(7)
than a city of the first class and county jointly other than an urban-county
government established pursuant to KRS Chapter 67A shall be appointed as
follows:
(a) Five (5) members shall be appointed by the mayor of the city, without
approval of the legislative body;
(b) Five (5) members shall be appointed by the county judge/executive
without approval of the other members of the fiscal court.
An air board consisting of eleven (11) members and established jointly by a
city of the first class and the county containing the first class city shall be
composed of members as follows:
(a) The mayor of the city of the first class;
(b) The county judge/executive of the county containing the city of the first
class;
(c) Three (3) members appointed by the mayor of the city of the first class;
(d) Three (3) members appointed by the county judge/executive of the
county, with the approval of the fiscal court;
(e) Two (2) members, who shall be residents of the county containing a city
of the first class or of counties contiguous thereto, appointed by the
Governor; and
(f) One (1) member, who shall be a member of the executive board of an
incorporated alliance of incorporated neighborhood associations and
cities with a population of less than three thousand (3,000) based upon
the most recent federal decennial census which represents citizens living
within a five (5) mile radius of airport operations, appointed by the
Governor. If more than one (1) incorporated alliance exists, the Governor
shall select the appointee from the executive boards of any of the
incorporated alliances. If no alliances exist, the Governor shall appoint a
citizen of the county who resides within a five (5) mile radius of airport
operations.
An air board consisting of eleven (11) members and established or maintained
by a consolidated local government upon its establishment shall be composed
of members as follows:
(a) The mayor of the consolidated local government;
(b) Seven (7) members appointed by the mayor of the consolidated local
government;
(c) Two (2) members who shall be residents of the county containing the
consolidated local government or residents of counties contiguous to the
county containing the consolidated local government, appointed by the
Governor; and
(d) One (1) member who shall be a member of the executive board of an
incorporated alliance of incorporated neighborhood associations and
cities with a population of less than three thousand (3,000) based upon
the most recent federal decennial census which represents citizens living
within a five (5) mile radius of airport operations, appointed by the
Governor. If more than one (1) incorporated alliance exists, the Governor
shall select the appointee from the executive boards of any of the
incorporated alliances. If no alliances exist, the Governor shall appoint a
citizen of the county who resides within a five (5) mile radius of airport
operations.
(8) The members of an air board composed of ten (10) members established by
an urban-county government shall be composed of the mayor of the
urban-county government or an officer of the urban-county government
designated by the mayor. The remaining nine (9) members shall be appointed
by the mayor. Two (2) of the members appointed by the mayor shall live within
a three (3) mile radius of the airport.
(9) Members of the board composed of six (6) members shall serve for a term of
four (4) years each and until their successors are appointed and qualified. The
initial appointments shall be made so that two (2) members are appointed for
two (2) years, two (2) members for three (3) years, and two (2) members for
four (4) years. Upon expiration of the staggered terms, successors shall be
appointed for a term of four (4) years.
(10) Members of the board composed of ten (10) members in a city other than a city
of the first class and county jointly shall serve for a term of four (4) years each
and until their successors are appointed and qualified. The initial appointments
made by the mayor and the county judge/executive shall be made so that one
(1) member is appointed for two (2) years, two (2) members are appointed for
three (3) years, and two (2) members are appointed for four (4) years. If an
existing six (6) member board is being increased to a ten (10) member board,
initial appointments of the four (4) new members shall be made so that the
mayor and the county judge/executive, or the mayor if the board is established
by an urban-county government, each appoint one (1) member for two (2)
years and one (1) member for four (4) years. Upon expiration of the initial
terms, successors shall be appointed for a term of four (4) years. In the case of
a board established by an urban-county government, the term of the mayor for
the urban-county government, or the officer of the urban-county government
designated by the mayor, shall be coextensive with the term of the mayor.
(11) Members of an air board composed of eleven (11) members and established
or maintained jointly by a city of the first class and the county containing a city
of the first class shall serve for a term of three (3) years each and until their
successors are appointed and qualified. The terms of the mayor and the county
judge/executive shall be coextensive with their terms of office. The mayor and
the county judge/executive shall each make their initial appointments to a
board established jointly by a city of the first class and the county containing a
city of the first class so that one (1) member is appointed for one (1) year, one
(1) member is appointed for two (2) years, and one (1) member is appointed for
three (3) years. The Governor shall make the initial appointments so that one
(1) member is appointed for two (2) years and one (1) member is appointed for
three (3) years. Upon the expiration of the initial terms, successors shall be
appointed for a term of four (4) years.
(12) Members of an air board composed of eleven (11) members in a county that
has established a consolidated local government in a county containing a
former city of the first class shall serve until their successors are appointed and
qualified. The terms of office on the air board of the mayor of the previously
existing city of the first class and the county judge/executive of this county shall
expire upon the establishment of a consolidated local government. Upon the
establishment of a consolidated local government, if the consolidated local
government maintains the previously existing air board, the incumbent
members, except the mayor of the previously existing city of the first class and
the county judge/executive of that county, shall continue to serve as members
of the board for the time remaining of their current terms of appointment. The
Governor shall appoint members pursuant to subsection (7)(c) and (d) of this
section. The mayor of the consolidated local government shall serve on the
board for a term which shall be coextensive with his or her term of office.
Incumbent members shall be eligible for reappointment upon the expiration of
their terms. The terms of all other board members shall be for four (4) years.
Upon the establishment of a consolidated local government and maintenance
of a previously existing air board, any incumbent member whose term had
expired but who had continued to serve because the member's successor had
not been appointed, shall continue to serve until a successor is appointed.
Successors shall be appointed by the mayor or the Governor as provided by
law within sixty (60) days after the establishment of the consolidated local
government. As the terms of the previously serving members of an air board
being maintained by a consolidated local government expire, the mayor of the
consolidated local government and the Governor shall respectively make their
new appointments.
(13) Members of the board shall serve without compensation but shall be allowed
any reasonable expenses incurred by them in the conduct of the affairs of the
board. The board shall, upon the appointment of its members, organize and
elect officers. The board, except for a board composed of eleven (11)
members, shall choose a chairman and vice chairman who shall serve for
terms of one (1) year. Where the board is composed of eleven (11) members
and established jointly by a city of the first class and the county containing a
city of the first class, the mayor of the city of the first class and the county
judge/executive shall jointly appoint the chairman from among the membership
of the board. Where the board is composed of eleven (11) members and is in a
county containing a consolidated local government, the mayor shall appoint the
chairman from among the membership of the board. The board shall also
choose a secretary-treasurer who may or may not be a member of the board.
The board may fix a salary for the secretary-treasurer and the
secretary-treasurer shall execute an official bond to be set and approved by the
board, and the cost of the bond shall be paid by the board.
(14) The board may employ necessary counsel, agents, and employees to carry out
its work and functions and prescribe rules and regulations as it deems
necessary.
(15) The secretary-treasurer shall keep the minutes of all meetings of the board and
shall also keep a set of books showing the receipts and expenditures of the
board. The secretary-treasurer shall preserve on file duplicate vouchers for all
expenditures and shall present to the board, upon request, complete reports of
all financial transactions and the financial condition of the board. The books
and vouchers shall at all times be subject to examination by the legislative
body or bodies by whom the board was created. The secretary-treasurer shall
transmit at least once annually a detailed report of all acts and doings of the
board to the legislative body or bodies by whom the board was created.
(16) In the event that a joint air board is created by cities, counties, or both, and
thereafter a city or county desires to withdraw from participation, then the
remaining participants may jointly choose a successor member or members of
the board. A local government wanting to withdraw from participation in the
board shall not be entitled to return of any moneys or property advanced to the
board.
(17) A quorum for the transacting of the business of a six (6) member board shall
consist of four (4) members, a ten (10) member board shall consist of six (6)
members, and an eleven (11) member board shall consist of six (6) members.
Meetings of the board may be called by the chairman or by four (4) members.
In case of tie voting by the board, the issue shall be deemed to have failed
passage.
(18) A board member may be replaced by the appointing authority upon a showing
to the authority of misconduct as a board member or upon conviction of a
felony. A board member shall not hold any official office with the appointing
authority, except for the mayor of a city of the first class and the county
judge/executive on a board made up of eleven (11) members and established
jointly by a city of the first class and the county containing a city of the first
class, or the mayor of an urban-county government or a consolidated local
government, or an officer of the urban-county government designated by the
mayor on a board established by an urban-county government.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 261, effective January 1, 2015. -Amended 2003 Ky. Acts ch. 173, sec. 1, effective June 24, 2003. -- Amended
2002 Ky. Acts ch. 346, sec. 197, effective July 15, 2002. -- Amended 1998 Ky.
Acts ch. 25, sec. 1, effective July 15, 1998; and ch. 439, sec. 1, effective July
15, 1998. -- Amended 1996 Ky. Acts ch. 194, sec. 58, effective July 15, 1996. -Amended 1986 Ky. Acts ch. 196, sec. 1, effective July 15, 1986; and ch. 347,
sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 269, sec. 1,
effective July 13, 1984. -- Amended 1964 Ky. Acts ch. 134, sec. 5. -- Created
1960 Ky. Acts ch. 179, sec. 32.
Legislative Research Commission Note (6/24/2003). In subsection (2) of this
section, a reference to "subsection (6) or (10)" has been changed to "subsection
(6) or (11)" to conform with the renumbering in 2003 Ky. Acts ch. 173, sec. 1.
See KRS 7.136.
Legislative Research Commission Note (7/15/98). This section was amended by
1998 Ky. Acts chs. 25 and 439. Where these Acts are not in conflict, they have
been codified together. Where a conflict exists, Acts ch. 439, which was last
enacted by the General Assembly, prevails under KRS 446.250.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.