CHAPTER 31: MAYOR COUNCIL PLAN

31.01 Form of government
31.02 Governing officers Mayor
31.10 Powers and duties
31.11 Promulgation of administrative procedures
31.12 Participation in Council proceedings
31.13 Approval or disapproval of ordinances
31.14 Delegation of duties by executive order
31.15 Execution of bonds, notes, and contracts
31.16 Appointment of city employees
31.17 Procedure upon disability; vacancy Council
31.30 Powers and duties
31.31 Meetings
31.32 Establishment of appointive offices
31.33 Management of city resources
31.34 Investigation of city government activities
31.35 Election of Vice Mayor

§ 31.01 FORM OF GOVERNMENT.

The form of government provided in this chapter shall be known as the "Mayor-Council Plan." (KRS 83A.130 (1))


§ 31.02 GOVERNING OFFICERS.

(A) The city 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. (KRS 83A.130 (2)) (B) The city shall have a Mayor and a City Council composed of: Not less than 6 nor more than 12 members as prescribed by ordinance. (KRS 83A.030(1))


§ 31.10 POWERS AND DUTIES.

(A) 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.

(B) The Mayor shall maintain liaison with related units of local government respecting interlocal contracting and joint activities.

(C) 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. (KRS 83A.130 (3))
Cross-reference: Right to review statements submitted to Council pursuant to investigations, see § 31.34


§ 31.11 PROMULGATION OF ADMINISTRATIVE PROCEDURES.

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 § 32.07. (KRS 83A.130 (4))


§ 31.12 PARTICIPATION IN COUNCIL PROCEEDINGS.

(A) 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.

(B) 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. (KRS 83A.130 (5))

(C) Absence of Mayor at meetings.

(1) At any regular, continued, or called meeting of the City Council, should the Mayor fail to appear within ten minutes following the scheduled time to open the Council meeting, the Council may elect from among their number a Vice-Mayor to preside at that meeting.

(2) In conducting the election the City Clerk shall preside and the election shall be conducted in accordance with Robert's Rules of Order Fourth Edition.

(3) All rulings and actions taken by such Vice-Mayor shall have the same force and effect as if taken by the duly elected Mayor.
(Ord. 81-209, passed 2-2-81)

Cross reference: Public Meetings, see Ch. 33B


§ 31.13 APPROVAL OR DISAPPROVAL OF ORDINANCES.

(A) All ordinances adopted by the Council shall be submitted to the Mayor who shall within ten 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.

(B) No ordinance shall take effect without the Mayor's approval unless he fails to return it to the legislative body within ten 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 more than a majority of the membership. (KRS 83A.130 (6))


§ 31.14 DELEGATION OF DUTIES BY EXECUTIVE ORDER.

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. (KRS 83A.130 (7))


§ 31.15 EXECUTION OF BONDS, NOTES, AND CONTRACTS.

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. (KRS 83A.130 (8))


§ 31.16 APPOINTMENT OF CITY EMPLOYEES.

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. (KRS 83A.130 (9))


§ 31.17 PROCEDURE UPON DISABILITY; VACANCY.

(A) 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 § 31.14, 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 section within 30 days of such action.

(B) If for any reason the disability of the Mayor to attend to his duties persists for 60 consecutive days, the office of Mayor may be declared vacant by a majority vote of the Council and the provisions of § 30.14 shall apply. (KRS 83A.130 (10))

COUNCIL

§ 31.30 POWERS AND DUTIES.

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. (KRS 83A.130 (11))

§ 31.31 MEETINGS.

(A) The City Council shall meet once each month at 7:00 p.m. prevailing time on the first Monday of each month at the City Council chambers in the city building. In the event the regular meeting date occurs on a legal holiday, the meeting shall be held at the same time and place on the next day following, which is not a legal holiday.
(Ord. 80-192, passed 1-7-80; Am. Ord. 1994-1, passed 1-25-94; Am. Ord. 1997-33, passed 12-1-97)

(B) The City Council shall meet once each month at 7:00 p.m. prevailing time on the third Tuesday of each month at the City Council Chambers in the City Building for a scheduled special council meeting. In the event the special meeting date occurs on a legal holiday, the meeting shall be held at the same time and place on the next day following, which is not a legal holiday. Additional 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.

(C) At a special meeting no business may be considered other than that set forth in the designation of purpose.

(D) The minutes of every regular or special meeting shall be signed by the person responsible for maintaining city records provided under § 32.07 and by the officer presiding at the meeting. (KRS 83A.130 (11))
(Ord. 1992-331, passed 5-4-92; Am. Ord. 1994-1, passed 1-25-94; Am. Ord. 1997-33, passed 12-1-97; Am. Ord. 2013-02, passed 1-15-13)

Cross-reference: Presiding at Council meetings, see § 31.12 Public Meetings, see Ch. 33B


§ 31.32 ESTABLISHMENT OF APPOINTIVE OFFICES.

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. (KRS 83A.130 (12))

§ 31.33 MANAGEMENT OF CITY RESOURCES.

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. (KRS 83A.130 (12))

§ 31.34 INVESTIGATION OF CITY GOVERNMENT ACTIVITIES.

(A) 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.

(B) 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. (KRS 83A.130 (13))

§ 31.35 ELECTION OF VICE MAYOR.

(A) At any regular, continued, or called meeting of the City Council, should the elected Mayor fail to appear within ten minutes following the scheduled time to open the council meeting, the Council may elect from among their number a Vice Mayor to preside at that meeting.

(B) In conducting the election the City Clerk shall preside and the election shall be conducted in accordance with "Robert's Rules of Order Fourth Edition."

(C) All rulings and actions taken by such Vice Mayor shall have the same force and effect as if taken by the duly elected Mayor.
(Ord. 81-209, passed 2-2-81)