2021 Kentucky Revised Statutes
Chapter 67C - Restructure of local government in county containing city of first class
67C.103 Consolidated local government council -- Council districts -- Redistricting following decennial census -- Terms, qualifications, and election of members and president -- Regular and special meetings -- Notice requirements -- Ordinances -- Vacancies -- Legislative powers -- Government Oversight and Audit Committee -- Name of council.
Universal Citation:
KY Rev Stat § 67C.103 (2021)
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67C.103
Consolidated local government council -- Council districts -Redistricting following decennial census -- Terms, qualifications, and
election of members and president -- Regular and special meetings -Notice requirements -- Ordinances -- Vacancies -- Legislative powers -Government Oversight and Audit Committee -- Name of council.
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(2)
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(4)
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The legislative authority of a consolidated local government, except as
otherwise specified in KRS 67C.101 to 67C.137, shall be vested in a
consolidated local government council. The members of the council shall be
nominated and elected by district. There shall be only one (1) council member
elected from each council district.
There shall be twenty-six (26) council districts. The initial boundaries,
population, and numerical designation of the council districts shall be as
specified by KRS 67C.135. The population of the council districts shall be as
nearly equal as is reasonably possible. For any newly consolidated local
governments whose officials take office in 2003, upon taking office, the
legislative council may take action to adjust the boundaries and population of
the districts in order to equalize the population of the districts which may have
changed as a result of recent census information. Any changes made to alter
the boundaries of council districts shall be based on the population of the
county as determined by the most recent United States Census or official
census estimates as provided by the United States Bureau of the Census.
Following the official publication of each decennial census by the United States
Bureau of the Census for the area embraced by a consolidated local
government, the council shall adopt an ordinance, if necessary, to redistrict the
council districts. A redistricting ordinance shall provide for the distribution of
population among the council districts as nearly equal as is reasonably
possible. Every council district shall be compact and contiguous and shall
respect existing neighborhood, community, and city boundaries whenever
possible.
The consolidated local government council members shall serve for a term of
four (4) years beginning on the first Monday in January following their election,
except that the initial election of council members shall be in a manner as to
provide for staggered terms for council members. At the initial election of the
members of a consolidated local government council, those representing
even-numbered districts shall be elected for a two (2) year term. Those
representing odd-numbered districts shall be elected for a four (4) year term.
Thereafter, all council members shall be elected for four (4) year terms.
The members of a consolidated local government council shall be nominated
and elected from the district in which they reside in partisan elections. After the
initial terms of office of the first elected council members, council members
shall be elected in the same election years as other local government officials
as regulated by the regular election laws of the Commonwealth and as
provided in subsection (4) of this section.
No person shall be eligible to serve as a member of a consolidated local
government council unless he or she is at least eighteen (18) years old, a
qualified voter, and a resident within the territory of the consolidated local
government and the district that he or she seeks to represent for at least one
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(1) year immediately prior to the person's election. A council member shall
continue to reside within the district from which he or she was elected
throughout the term of office.
The presiding officer of a consolidated local government council shall be a
president who shall be chosen annually by a majority vote of the entire council
from among its members at the first meeting of the council in January. The
council president has the right to introduce any resolution or recommend any
ordinance and shall be entitled to vote on all matters.
The consolidated local government council shall upon notice meet within seven
(7) days after its members have taken office, and shall thereafter hold at least
one (1) regular meeting per month. No newspaper notice shall be required for
regular or special meetings of the consolidated local government council.
However, notice of all meetings of the council and all meetings of committees
of the council shall be held pursuant to KRS 61.805 to 61.850.
A majority of the members of the consolidated local government council shall
constitute a quorum, but a smaller number may adjourn from day to day. The
consolidated local government council may enforce the attendance of
members by rules or ordinances with appropriate fines. The mayor or
two-thirds (2/3) of the entire membership of the council may call a special
meeting at any time. Meetings shall be held in such places in the county as are
provided by ordinance, and the place of meetings shall not be changed except
by an ordinance for which two-thirds (2/3) of the members of the consolidated
local government council have voted.
The council shall determine its own rules and order of business, and keep and
provide a public record of its proceedings. The council shall provide for the
publication of all ordinances in a composite code of ordinances.
Council ordinances that prescribe penalties for their violation shall be enforced
through the entire area of the consolidated local government unless:
(a) Otherwise provided by statute; or
(b) The legislative body of any city within the consolidated local government
area has adopted an ordinance pertaining to the same subject matter that
is the same as or more stringent than the standards set forth in the
consolidated local government's ordinance.
In the case of a vacancy on the consolidated local government council by
reason of death, resignation, or removal, the council by majority vote of the
membership of the council shall elect a qualified resident of the council district
not later than thirty (30) days after the date the vacancy occurs. Should the
council fail to elect, by majority vote of the membership of the council, a
qualified person to fill the vacancy within thirty (30) days, the mayor of the
consolidated local government shall fill the vacancy by appointment of a
qualified person for the unexpired term.
All legislative powers of a consolidated local government are vested in the
consolidated local government council. The term "legislative power" is to be
construed broadly and shall include the power to:
(a) Enact ordinances, orders, and resolutions, and override a veto of the
mayor by a two-thirds (2/3) majority of the membership of the legislative
(b)
(c)
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(b)
council;
Review the budgets of and appropriate money to the consolidated local
government;
Adopt a budget ordinance;
Levy taxes, subject to the limitations of the Constitution and the laws of
the Commonwealth of Kentucky;
Establish standing and temporary committees; and
Make independent audits and investigations concerning the affairs of the
consolidated local government and any board or commission that:
1.
Is composed of members who are appointed by the mayor and
approved by the legislative council; or
2.
Has a budget that is equal to or greater than one million dollars
($1,000,000.00), except that this subparagraph shall not apply to
any fee officer elected within the consolidated local government.
The consolidated local government council shall establish a Government
Oversight and Audit Committee. This committee shall be:
1.
Composed of members from each of the two (2) largest political
caucuses in the legislative council;
2.
Appointed by the chairs of their respective caucuses; and
3.
Composed on the basis of the proportion of each of the two (2)
caucuses' total membership as compared to the total membership of
the legislative council. Any fractional proportions shall be rounded in
the favor of the smallest caucus' membership on the committee.
The committee shall have the power to:
1.
Compel testimony and the submission of work papers or
documents;
2.
Issue subpoenas to compel any officer of or appointee to a board or
commission described in subsection (13)(f) of this section or any
department or division of the consolidated local government to
appear before the committee and to compel the submission to the
committee of any work papers or documents pertinent to an
independent audit or investigation. Any subpoenas issued or
testimony compelled shall be subject to any relevant statutes
concerning privacy. Testimony subject to KRS 61.810 shall only be
taken in executive session. The right to privacy or the requirement
that testimony be taken in executive session may be waived by the
person or entity being subpoenaed or compelled to testify;
3.
Petition the appropriate Circuit Court to compel obedience by
proceedings for contempt as in the case of disobedience of a
subpoena issued from the Circuit Court or a refusal to testify therein,
if any officer or appointee fails or refuses to testify or furnish the
work papers or documents subpoenaed;
4.
Administer oaths to witnesses appearing before the committee
when the committee deems the administration of an oath necessary
and advisable as provided by law. This decision to administer oaths
shall be taken by a majority vote of the committee of the legislative
council; and
5.
Recommend the removal of any appointee to a board or
commission described in subsection (13)(f) of this section.
(c) The legislative council of the consolidated local government shall adopt
by resolution any process or procedures deemed necessary for the
administration of subpoenas and oaths.
(d) The legislative council of the consolidated local government may only act
to remove an appointee to a board or commission described in subsection
(13)(f) of this section upon the recommendation of the Government
Oversight and Audit Committee.
(e) The Government Oversight and Audit Committee shall have the power to
issue subpoenas or administer oaths. Except as provided in KRS
65.003(7), the legislative council of the consolidated local government
shall not delegate those powers to any other entity or entities not a part of
the legislative council of the consolidated local government.
(15) The consolidated local government council shall be known as the legislative
council of ...................../................... County Metro Government, which shall be
a combination of the names of the largest city in existence in the county on the
date of the adoption of the consolidated local government and the county.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 150, sec. 1, effective June 29, 2017. -Amended 2012 Ky. Acts ch. 49, sec. 1, effective July 12, 2012. -- Amended
2002 Ky. Acts ch. 346, sec. 54, effective July 15, 2002. -- Created 2000 Ky. Acts
ch. 189, sec. 2, effective July 14, 2000.
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