KRS § 83A.130 — KY Code / Title IX / Chapter 83A / Section 83A.130
83A.130 Mayor-council plan -- Powers and duties of mayor and council
Status: in_force

83A.130 Mayor-council plan -- Powers and duties of mayor and council.

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) 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.

(12) 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.

(13) 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.