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76.030 Board of district -- Membership, appointment, qualifications, term,
vacancies, removal, compensation -- Effect of compact -- Membership of
board upon establishment of consolidated local government.
(1)
(2)
(3)
(4)
(5)
Except in counties containing a consolidated local government, the business,
activities, and affairs of such district shall be managed, controlled, and
conducted by a board composed of seven (7) members, four (4) of whom shall
be appointed by the mayor of such city subject to the approval of the city
legislative body, and three (3) of whom shall be appointed by the county
judge/executive of such county subject to the approval of the fiscal court, and
which seven (7) members thus appointed shall constitute the board of such
district. Not more than four (4) members of a seven (7) member board nor
more than five (5) members of an eight (8) member board shall be affiliated
with the same political party. After March 19, 1977, members shall be so
selected and appointed so that no more than one (1) member resides in any
one (1) state senatorial district. In a county containing a city of the first class,
the county judge/executive, with approval of the fiscal court, shall appoint one
(1) additional member to the board of such district who may be a resident of
any state senatorial district in the county.
Each such member shall be at least twenty-five (25) years of age; each
appointed by the mayor shall be a resident of such city and wherein he shall
have actually resided continuously for at least three (3) years next prior to
appointment; each appointed by the county judge/executive shall be a resident
of such county and wherein he shall have actually resided continuously for at
least three (3) years next prior to appointment. No officer or employee of such
city or county, whether holding a paid or unpaid position, shall be eligible for
appointment as a member of such board.
The term of each of such members shall be four (4) years, ending on July first.
A member is eligible to succeed himself and shall continue in office until his
successor has been appointed and qualified. Vacancies in the membership
shall be filled for the unexpired portion of the term by the mayor or the county
judge/executive as the case may be, subject to the same approval.
Any member of the board appointed by the mayor may be removed by the
mayor, for cause, after hearing by the mayor, and after at least ten (10) days'
notice in writing shall have been given to the member, which notice shall
embrace the charges preferred against him. At the hearing he may be
represented by counsel. The finding of the mayor shall be final and removal
results in vacancy in such office. Any member of the board appointed by the
county judge/executive may be removed by the county judge/executive, for
cause, after hearing by the county judge/executive, and after at least ten (10)
days' notice in writing shall have been given to the member, which notice shall
embrace the charges preferred against him. At the hearing he may be
represented by counsel. The finding of the county judge/executive shall be final
and removal results in vacancy in such office.
The members of the board shall be paid seventy-five dollars ($75) for each
meeting of the board attended by such member, and fifty dollars ($50) for
attendance at any meeting of a committee which has been authorized or duly
appointed by the board. But in no instance shall any member of said board be
(6)
(7)
paid for more than one (1) meeting per day, nor more than one thousand eight
hundred dollars ($1,800) during any fiscal year of the board, nor for more than
twenty-four (24) board meetings and twenty-eight (28) committee meetings
held during any fiscal year of said board.
Notwithstanding subsection (3) of this section, when a city of the first class and
a county containing such city have in effect a compact under KRS 79.310 to
79.330, the terms of the members of the board shall be for three (3) years and
until their successors are appointed and qualified. Upon the effective date of
the compact, the mayor shall adjust the terms of the sitting members appointed
by the mayor so that the terms of two (2) members expire in one (1) year, the
term of one (1) member expires in two (2) years, and the term of one (1)
member expires in three (3) years; the county judge/executive with the
approval of the fiscal court shall adjust the terms of the sitting members
appointed by the county judge/executive so that the term of one (1) member
expires in one (1) year, the term of one (1) member expires in two (2) years,
and the term of one (1) member expires in three (3) years. Upon expiration of
these staggered terms, successors shall be appointed for a term of three (3)
years.
Upon the establishment of a consolidated local government in a county where
a city of the first class and a county containing that city have had in effect a
cooperative compact pursuant to KRS 79.310 to 79.330, all members of the
board shall be appointed by the mayor of the consolidated local government
pursuant to the provisions of KRS 67C.139 for a term of three (3) years.
Incumbent members upon the establishment of the consolidated local
government shall continue to serve as members of the board for the time
remaining on their current term of appointment.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 77, effective July 15, 2002. -Amended 1986 Ky. Acts ch. 77, sec. 10, effective July 15, 1986; and ch. 380,
sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 193, sec. 1,
effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 417, sec. 1, effective July
15, 1982. --Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 13, sec. 27; and
ch. 20, sec. 6, effective January 2, 1978. -- Amended 1962 Ky. Acts ch. 286,
sec. 19. -- Amended 1952 Ky. Acts ch. 70, sec. 1. -- Amended 1948 Ky. Acts
ch. 108, sec. 5. -- Created 1946 Ky. Acts ch. 104, sec. 3.
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