KRS § 83A.150 — KY Code / Title IX / Chapter 83A / Section 83A.150
83A.150 City manager plan -- Powers and duties of mayor, board of commissioners, and city manager -- Conduct of board meetings
Status: in_force

83A.150 City manager plan -- Powers and duties of mayor, board of

commissioners, and city manager -- Conduct of board meetings.

(1) The form of government provided in this section shall be known as the city manager

plan and this section shall together with KRS 83A.010 to 83A.120 govern any city

declared to be under the city manager plan by KRS 83A.020 or which has adopted

the city manager plan pursuant to KRS 83A.160.

(2) Each city under this section shall be governed by an elected officer who shall be

called mayor and by elected legislative body members who shall be called city

commissioners and which together shall be known as the board of commissioners

and by such other officers and employees as may be provided for by statute or city

ordinance.

(3) All legislative and executive authority of the city shall be vested in and exercised by

the board. The mayor shall preside at all meetings of the board and may vote in all

proceedings. The mayor shall be recognized as the head of the city government by

the Governor for purposes of military law, but shall have no regular administrative

duties. The board shall designate one (1) city commissioner to serve as mayor pro

tem. The mayor pro tem shall act for the mayor whenever the mayor is unable to

attend to the duties of his office and he shall then possess all rights, powers and

duties of mayor. If the disability of the mayor to attend his duties continues for sixty

(60) consecutive days, the office of mayor may be declared vacant by a majority

vote of the board membership and the provisions of KRS 83A.040 shall apply.

(4) In addition to the requirements of KRS 61.805 to 61.850, the board shall conduct

meetings as follows:

(a) Regular meetings of the board shall be held at least once each month at such

times and places as are fixed by ordinance;

(b) Special meetings of the board may be called by the mayor or upon written

request of a majority of the city commissioners. In the call, the mayor or

commissioners shall designate the purpose, time and place of the special

meeting with sufficient notice for the attendance of board members and for

compliance with KRS Chapter 61. At a special meeting no business shall be

considered other than that set forth in the designation of purpose;

(c) The minutes of every meeting shall be signed by the person responsible for

maintaining city records provided under KRS 83A.060 and the officer

presiding at the meeting; and

(d) Notwithstanding KRS 61.810, the board may meet in a closed session no more

than two (2) times per calendar year for the purposes of conducting a

performance evaluation of the city manager. The board shall follow KRS

61.815 in conducting the closed session. Any public records related to that

performance evaluation shall be subject to the provisions of KRS 61.870 to

61.884.

(5) The board 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 board shall by ordinance provide for sufficient

revenue to operate city government and shall appropriate the funds of a city budget

which shall provide for the orderly management of city resources.

(6) The board may require any city officer or employee to prepare and submit to it

sworn statements regarding his performance of his official duties and may otherwise

inquire into the conduct of duties of any department, office, or agency of the city.

(7) The board shall in accordance with KRS 83A.080 create the office of city manager

and set qualifications for the office, which shall include, but not be limited to

professional training or administrative qualifications with special reference to actual

experience in or knowledge of accepted practice regarding duties of the office and

list duties and responsibilities of the office which shall include, but not be limited

to:

(a) Being responsible to the board for the proper administration of all duties

imposed upon him by ordinance;

(b) Recommending to the board, subject to any statute, ordinance, or contract

which relates to the appointment, tenure, or removal of any employee, the

appointment, and when necessary for the good of the service, the removal of

subordinate employees and officers of the city. No officer or employee of the

city shall be appointed or removed except through action by the board, except

that the city manager may fill vacancies in the classified service pending the

appointment by the board and may employ personnel for temporary positions

subject to such conditions as may be imposed by the board;

(c) Preparing the budget and submitting it to the board and being responsible for

its administration after adoption;

(d) Preparing and submitting to the board as of the end of each fiscal year a

complete report on the finances and administrative activities of the city for the

preceding year;

(e) Keeping the board advised of the financial condition and future needs of the

city and making recommendations as he deems desirable;

(f) Maintaining liaison with related units of local government respecting

interlocal contracting and joint activities;

(g) Supervising all departments of city government and the conduct of all city

officers and employees under his jurisdiction and requiring each department to

make reports to him required by ordinance or as he deems desirable; and

(h) Performing other duties required of city executive authorities by statute or

required of him by the board not inconsistent with this section.

(8) The board shall appoint a city manager by a majority vote of all its members. The

city manager shall be appointed for an indefinite term and may be removed only by

a majority vote of all board members. At least thirty (30) days before such removal

shall become effective, the board shall by a majority vote of all its members adopt a

preliminary resolution stating the reasons for his removal. The city manager may

reply in writing and may request a public hearing which shall be held not earlier

than twenty (20) days nor later than thirty (30) days after the filing of the request.

After the public hearing, if requested, and after full consideration, the board by

majority vote of all its members may adopt a final resolution of removal. By the

preliminary resolution, the board may suspend the city manager from duty, but shall

in any event cause to be paid to him any unpaid balance of his compensation and

compensation for the next calendar month following adoption of the preliminary

resolution.

(9) The city manager shall be the chief administrative officer and exercise those

executive powers and duties delegated to him by ordinance and statute. He shall

enforce the city manager plan, city ordinances and all applicable statutes. Subject to

approval of the board, the city manager shall promulgate procedures to insure

orderly administration of the functions of city government and compliance with

statute or ordinance. Any delegation of the city manager's duties or responsibilities

to subordinate officers and employees shall be made by municipal order except that

all bonds, notes, contracts, and written obligations of the city according to ordinance

or resolution shall be made and executed by the mayor on behalf of the city.