2014 Kentucky Revised Statutes
CHAPTER 83A - ORGANIZATION OF GOVERNMENT IN CITIES
83A.130 Mayor-council plan -- Powers and duties of mayor and council.
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<![CDATA[83A.130 Mayor-council plan -- Powers and duties of mayor and council.
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The form of government provided in this section shall be known as the
mayor-council plan and this section shall together with KRS 83A.010 to
83A.120 govern any city declared to be under the mayor-council plan by KRS
83A.020 or which has adopted the mayor-council plan pursuant to KRS
83A.160.
Each city under this section shall be governed by an elected executive who
shall be called mayor and by an elected legislative body which shall be called
the city council, and by such other officers and employees as may be provided
for by statute or city ordinance.
The executive authority of the city shall be vested in and exercised by the
mayor. The mayor shall enforce the mayor-council plan, city ordinances and
orders and all applicable statutes. He shall supervise all departments of city
government and the conduct of all city officers and employees under his
jurisdiction and shall require each department to make reports to him required
by ordinance or as he deems desirable. The mayor shall maintain liaison with
related units of local government respecting interlocal contracting and joint
activities. The mayor shall report to the council and to the public on the
condition and needs of city government as he finds appropriate or as required
by ordinance, but not less than annually. He shall make any recommendations
for actions by the council he finds in the public interest.
Subject to disapproval of the council, the mayor shall promulgate procedures to
insure orderly administration of the functions of city government and
compliance with statute or ordinance. Upon promulgation or upon revision or
rescission of the procedures, copies shall be filed with the person responsible
for maintaining city records as provided under KRS 83A.060.
The mayor shall preside at meetings of the council. The council may set by
ordinance the manner in which one of its number may be selected to preside at
meetings of the council in place of the mayor. The mayor may participate in
council proceedings, but shall not have a vote, except that he may cast the
deciding vote in case of a tie.
All ordinances adopted by the council shall be submitted to the mayor who
shall within ten (10) days after submission either approve the ordinance by
affixing his signature or disapprove it by returning it to the council together with
a statement of his objections. No ordinance shall take effect without the
mayor's approval unless he fails to return it to the legislative body within ten
(10) days after receiving it or unless the council votes to override the mayor's
veto, upon reconsideration of the ordinance not later than the second regular
meeting following its return, by the affirmative vote of one (1) more than a
majority of the membership.
Any delegation of the mayor's power, duties or responsibilities to subordinate
officers and employees and any expression of his official authority to fulfill
executive functions shall be made by executive order. Executive orders shall
be sequentially numbered by years and shall be kept in a permanent file.
All bonds, notes, contracts and written obligations of the city shall be made and
executed by the mayor or his agent designated by executive order.
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The mayor shall be the appointing authority with power to appoint and remove
all city employees, including police officers, except as tenure and terms of
employment are protected by statute, ordinance or contract and except for
employees of the council.
The mayor shall provide for the orderly continuation of the functions of city
government at any time he is unable to attend to the duties of his office by
delegating responsibility for any function to be performed in accordance with
subsection (7) of this section, provided that the mayor shall not delegate the
responsibility of presiding at meetings of the council and that approving
ordinances or promulgating administrative procedures may only be delegated
to an elected officer. With approval of the council, the mayor may rescind any
action taken in his absence under this subsection within thirty (30) days of such
action. If for any reason the disability of the mayor to attend to his duties
persists for sixty (60) consecutive days, the office of mayor may be declared
vacant by a majority vote of the council and the provisions of KRS 83A.040
shall apply.
The legislative authority of the city shall be vested in and exercised by the
elected council of the city. The council shall not perform any executive
functions except those functions assigned to it by statute. Regular meetings of
the council shall be held at least once each month at such times and places as
are fixed by ordinance. Special meetings of the council may be called by the
mayor or upon written request of a majority of the council. In the call, the mayor
or council shall designate the purpose, time and place of the special meeting
with sufficient notice for the attendance of council members and for compliance
with KRS Chapter 61. At a special meeting no business may be considered
other than that set forth in the designation of purpose. The minutes of every
meeting shall be signed by the person responsible for maintaining city records
provided under KRS 83A.060 and by the officer presiding at the meeting.
The council shall by ordinance establish all appointive offices and the duties
and responsibilities of those offices and codes, rules and regulations for the
public health, safety and welfare. The council shall by ordinance provide for
sufficient revenue to operate city government and shall appropriate the funds of
the city in a budget which shall provide for the orderly management of city
resources.
The council shall have the right to investigate all activities of city government.
The council may require any city officer or employee to prepare and submit to it
sworn statements regarding his performance of his official duties. Any
statement required by the council to be submitted or any investigation
undertaken by the council, if any office, department or agency under the
jurisdiction of the mayor is involved, shall not be submitted or undertaken
unless and until written notice of the council's action is given to the mayor. The
mayor shall have the right to review any statement before submission to the
council and to appear personally or through his designee on behalf of any
department, office or agency in the course of any investigation.
Effective:July 15, 1982
History: Amended 1982 Ky. Acts ch. 434, sec. 4, effective July 15, 1982. -Created 1980 Ky. Acts ch. 235, sec. 13, effective July 15, 1980.
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