KRS § 83A.040 — KY Code / Title IX / Chapter 83A / Section 83A.040
83A.040 Election of mayors and legislative bodies -- Qualifications -- Vacancies -- Removal of elected officers
Status: in_force

83A.040 Election of mayors and legislative bodies -- Qualifications -- Vacancies --

Removal of elected officers.

(1) A mayor shall be elected by the voters of each city at a regular election. A

candidate for mayor shall be a resident of the city for not less than one (1) year

prior to his or her election. His or her term of office shall begin on the first day of

January following his or her election and shall be for four (4) years and until his or

her successor qualifies. If a person is elected or appointed as mayor in response to a

vacancy and serves less than four (4) calendar years, then that period of service

shall not be considered for purposes of re-election a term of office. A mayor shall

be at least twenty-one (21) years of age, shall be a qualified voter in the city, and

shall reside in the city throughout his or her term of office.

(2) If a vacancy occurs in the office of mayor, the following provisions shall apply:

(a) The legislative body of the city shall fill the vacancy within thirty (30) days;

(b) A member of the legislative body in any city organized and governed under

the commission plan as provided by KRS 83A.140 or city manager plan as

provided by KRS 83A.150 may vote for himself;

(c) A member of the legislative body in any city organized and governed under

the mayor-council plan as provided by KRS 83A.130 and in any city of the

first class organized under the mayor-alderman plan as provided by KRS

Chapter 83 shall not vote for himself; and

(d) The legislative body shall elect from among its members an individual to

preside over meetings of the legislative body during any vacancy in the office

of mayor in accordance with the provisions of KRS 83A.130 to 83A.150.

(3) When voting to fill the vacancy created by a resignation of a mayor the resigning

mayor shall not vote on his or her successor.

(4) Each legislative body member shall be elected at large by the voters of each city at

a regular election. A candidate for a legislative body shall be a resident of the city

for not less than one (1) year prior to his or her election. His or her term of office

shall begin on the first day of January following his or her election and shall be for

two (2) years, except as provided by KRS 83A.050. A member shall be at least

eighteen (18) years of age, shall be a qualified voter in the city, and shall reside in

the city throughout his or her term of office.

(5) If one (1) or more vacancies on a legislative body occur in a way that one (1) or

more members remain seated, the remaining members shall within thirty (30) days

fill the vacancies one (1) at a time, giving each new appointee reasonable notice of

his or her selection as will enable him or her to meet and act with the remaining

members in making further appointments until all vacancies are filled. If vacancies

occur in a way that all seats become vacant, the Governor shall appoint qualified

persons to fill the vacancies sufficient to constitute a quorum. Remaining vacancies

shall be filled as provided in this section.

(6) If for any reason, any vacancy in the office of mayor or the legislative body is not

filled within thirty (30) days after it occurs, the Governor shall promptly fill the

vacancy by appointment of a qualified person who shall serve for the same period

as if otherwise appointed.

(7) No vacancy by reason of voluntary resignation in the office of mayor or on a

legislative body shall occur unless a written resignation which specifies a

resignation date is tendered to the legislative body. The resignation may be

submitted through electronic mail if it originates from the official's electronic mail

address and includes also the official's handwritten signature. The resignation shall

be effective at the next regular or special meeting of the city legislative body

occurring on or after the date specified in the written letter of resignation. If a

resignation date is not specified, the written resignation shall be deemed to become

effective at the first regular or special meeting of the legislative body occurring on

or after its receipt.

(8) Pursuant to KRS 118.305(7), if a vacancy occurs which is required by law to be

filled temporarily by appointment, the legislative body or the Governor, whichever

is designated to make the appointment, shall immediately notify in writing both the

county clerk and the Secretary of State of the vacancy.

(9) Except in cities of the first class, any elected officer, 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 a unanimous vote of the members of the legislative

body exclusive of any member to be removed, who shall not vote in the deliberation

of his or her removal. No elected officer shall be removed without having been

given the right to a full public hearing. The officer, if removed, shall have the right

to appeal to the Circuit Court of the county and the appeal shall be on the record.

No officer so removed shall be eligible to fill the office vacated before the

expiration of the term to which originally elected.

(10) Removal of an elected officer in cities of the first class shall be governed by the

provisions of KRS 83.660.