2011 Kentucky Revised Statutes CHAPTER 67C RESTRUCTURE OF LOCAL GOVERNMENT IN COUNTY CONTAINING CITY OF FIRST CLASS 67C.143 Removal of elected officers of consolidated local government -- Hearing -- Vote of council -- Appeal -- Vacancy.
KY Rev Stat § 67C.143 (1996 through Reg Sess) What's This?
67C.143 Removal of elected officers of consolidated local government -- Hearing -Vote of council -- Appeal -- Vacancy.
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Unless otherwise provided by law, any elected officer of a consolidated local
government in case of misconduct, incapacity, or willful neglect in the performance
of the duties of his or her office may be removed from office by the legislative
council, sitting as a court, under oath, upon charges preferred by the mayor or by
any five (5) members of the legislative council, or, in case of charges against the
mayor, upon charges preferred by not less than ten (10) members of the legislative
council. No legislative council member preferring a charge shall sit as a member of
the legislative council when it tries that charge.
No elected officer shall be removed without having been given the right to a full
public hearing.
A decision to remove a mayor or legislative council member shall require a vote of
two-thirds (2/3) of the total number of legislative council members sitting as a
court.
Any elected officer removed from office under the provisions of this section may
appeal to the Circuit Court and from there to the Court of Appeals. The appeal to
the Circuit Court shall be taken and tried in the same manner as civil cases are tried.
No elected officer removed from office under this section shall be eligible to fill the
office vacated before the expiration of the term to which the elected member was
originally elected.
Effective: July 15, 2002
History: Created 2002 Ky. Acts ch. 346, sec. 3, effective July 15, 2002.
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