TITLE III

TITLE III: ADMINISTRATION

Chapter

30. MAYOR-COUNCIL PLAN

31. CITY OFFICIALS

32. CITY COUNCIL

33. FINANCE AND REVENUE

34. PUBLIC RECORDS

35. DEPARTMENTS, BOARDS, AND COMMISSIONS

36. PERSONNEL POLICIES

37. TAX PROCEDURES

38. OPEN MEETINGS

39. CODE OF ETHICS

40. CITY POLICIES

CHAPTER 30: MAYOR-COUNCIL PLAN

Section

30.01 Form of government

30.02 Governing officers

§ 30.01 FORM OF GOVERNMENT.

The form of government provided for this city shall be known as the "Mayor-Council Plan."

(KRS 83A.130 (l))

§ 30.02 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 are provided for by statute or city ordinance.

(KRS 83A.130 (2))

(B) The City Council shall be composed of six members.

(KRS 83A.030 (l))

General Provisions

31.01 Oath; bond

31.02 Compensation

31.03 Removal from office

31.04 Effects of office to be surrendered

31.05 Garnishments

31.06 Funds to be turned over

Elected Officials

31.20 Election procedure

31.201 Primary elections eliminated

31.21 Mayor

31.22 Councilmembers

Nonelected City Officials

31.35 Establishment of nonelected city offices

31.36 City Clerk/Treasurer

31.37 Alcoholic Beverage Control Administrator

31.38 (Reserved)

31.39 Fire Chief

Other Officials

31.45 Chief of Police

GENERAL PROVISIONS

§ 31.01 OATH; BOND.

(A) Oath. Each officer of the city shall, before entering upon the discharge of duties of his office, take the following oath: "I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of this Commonwealth, and the Constitution of the United States, and be faithful and true to the Commonwealth of Kentucky, so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of , according to law; and I do further solemnly swear (or affirm) that, since the adoption of the present Constitution, I being a citizen of this United States, have not fought a duel with deadly weapons within this State, nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as a second in carrying a challenge, nor aided or assisted any person thus offending, so help me God", as established by Section 228 of the Kentucky Constitution.

(B) Bond. All city officers and employees shall give such bonds as may be required by the City Council. Such bonds shall, if required, meet the standards of KRS 62.060.

§ 31.02 COMPENSATION.

(A) City Council shall establish the compensation of every elected city officer not later than the first Monday in May in the year in which the officer is elected. An elected officer's compensation shall not be changed after his election or during his term of office.

(l) In order to equate the compensation of Mayors and Councilmembers with the purchasing power of the dollar, the Department for Local Government computes by the second Friday in February of every year the annual increase or decrease in the consumer price index of the preceding year by using l949 as the base year in accordance with section 246 of the Constitution of Kentucky, which provides that the Mayor in cities of the first class shall be paid at a rate no greater than $12,000 per annum and Mayors in cities other than the first class and Councilmembers shall be paid at a rate no greater than $7,200 per annum.

(2) The City Council shall set the compensation of these officers in accordance with KRS 83A.070 at a rate no greater than that stipulated by the Department for Local Government.

(B) The City Council shall fix the compensation of each appointed city officer by ordinance and may change it by ordinance.

(C) The City Council shall establish the compensation of city employees in accordance with the personnel and pay classification plan ordinance of the city.

(D) All fees and commissions authorized by law shall be paid into the city treasury for the benefit of the city and shall not be retained by any officer or employee.

Statutory reference:

Compensation, see KRS 83A.070 and 83A.075

§ 31.03 REMOVAL FROM OFFICE.

(A) Elected officers. Any elected officer, in case of misconduct, inability, or willful neglect in the performance of the duties of his office, may be removed from office by a unanimous vote of the members of the City Council exclusive of any member to be removed, who shall not vote in the deliberation of his removal. No elected officer shall be removed without having been given the right to a full public hearing. The officer, if removed, has the right to appeal to the circuit court of the county and the appeal shall be on the record. No officer so removed is eligible to fill the office vacated before the expiration of the term to which originally elected

(B) Nonelected officers. Nonelected city officers may be removed by the Mayor at will, unless otherwise provided by state law or ordinance.

Statutory reference:

Removal of elected officers, see KRS 83A.040(9)

Removal of nonelected officers, see KRS 83A.080(2)

§ 31.04 EFFECTS OF OFFICE TO BE SURRENDERED.

Every city officer and employee shall, upon the termination of his status as such, surrender to his successor or supervisor all the effects of his position.

§ 31.05 GARNISHMENTS.

Any city employee who has been served a garnishment shall only be dismissed or relieved of his duties after the serving of the second garnishment against him.

Statutory reference:

Dismissals for more than one indebtedness, see KRS 427.140

§ 31.06 FUNDS TO BE TURNED OVER.

All monies collected by any city officer or employee which belong to the city's General Fund shall be turned over to the City Clerk/Treasurer at least once each month.

ELECTED OFFICIALS

§ 31.20 ELECTION PROCEDURE.

(A) Election of city officers is governed by general election laws as provided in KRS Chapters 116 through 121 unless City Council otherwise prescribes by ordinance that election of city officers shall be under nonpartisan city election laws as provided in KRS Chapter 83A. Such ordinance shall become effective not later than 23 days prior to the date prescribed by the election law generally for filing notification and declaration forms with the County Clerk in a year in which a regular election is to be held in which any city office is to be filled. Immediately subsequent to publication of any ordinance prescribing that election of city officers be under nonpartisan city election laws, a copy of the ordinance shall be filed with the County Clerk of the county in which the city is located.

(B) The city may change the manner of election of city officers within the provisions of division (A) of this section by ordinance, except that no change shall be made earlier than five years from the last change.

(C) The city shall pay the costs of city elections only if city elections are held at a time other than prescribed by KRS Chapters 116 to 121.

(D) Each appointed and elected city office existing on July 15, l980, shall continue until abolished by ordinance, except that the offices of Mayor and City Council members may not be abolished.

(E) No abolition of any elected office shall take effect until expiration of the term of the current holder of the office.

F) No ordinance abolishing any elected office shall be enacted later than 240 days preceding the regular election for that office, except in the event of a vacancy in the office.

(G) The city may not create any elected office. Existing elected offices may be continued under provision of divisions (D), (E), and (F) above, but no existing elected office may be changed.

Statutory reference:

Election of city officers, see KRS 83A.050

Creation, abolishment of city offices, see KRS 83A.080(3), (4)

§ 31.201 PRIMARY ELECTIONS ELIMINATED.

(A) The nonpartisan primary election for the nomination of candidates to elected city offices is hereby eliminated as authorized by KRS Ch. 118 for holding the regular election.

(B) All candidates for elected city offices shall file their nomination papers with the County Clerk no later than 91 days before the day fixed by KRS Ch. 118 for holding the regular election.

(C) All nomination papers shall be filed no later than 4:00 p.m. prevailing local time when filed on the last day on which such papers are permitted to be filed.

(D) The election of candidates to all elected city offices shall be governed by the provisions of this ordinance and by the applicable provisions of KRS Ch. 83A and Chs. 116 to 121.

(Ord. 90-18, passed 11-14-90)

§ 31.21 MAYOR.

(A) Election; term of office. The Mayor of this city shall be elected by the voters of the city at a regular election. A candidate for Mayor shall be a resident of the city for not less than one year prior to his or her election. His term of office shall begin on the first day of January following his election and shall be for four years and until his successor qualifies. If a person is elected or appointed as mayor in response to a vacancy and serves less than four calendar years, then that period of service shall not be considered for purposes of re-election a term of office.

(B) Qualifications. The Mayor shall be at least 25 years of age, shall be a qualified voter in the city, and shall reside in the city throughout his or her term of office.

(C) Vacancy. If a vacancy occurs in the office of Mayor, Council shall fill the vacancy within 30 days. If for any reason, any vacancy in the office of Mayor is not filled within 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.

(KRS 83A.040 (1), (2), (6))

(1) When voting to fill a vacancy in the office of Mayor, a member of the City Council shall not vote for himself or herself. (KRS 83A.040(2)(c))

(2) When voting to fill a vacancy created by the resignation of the Mayor, the resigning Mayor shall not vote on his or her successor. (KRS 83A.040(3))

(3) No vacancy by reason of a voluntary resignation in the office of Mayor shall occur unless a written resignation which specifies the resignation date is tendered to the City Council. The resignation shall be effective at the next regular meeting of the city legislative body. (KRS 83A.040(7))

(4) If a vacancy occurs in the office of Mayor which is required by law to be filled temporarily by appointment, the City Council shall immediately notify in writing both the County Clerk and the Secretary of State of the vacancy. (KRS 83A.040(8))

(5) The City Council shall elect from among its members an individual to preside over meetings of the City Council during any vacancy in the office of the Mayor in accordance with the provisions of KRS 83A.130.

(6) Notwithstanding the above provisions, when the absence or disability of the Mayor shall prevent him or her from serving during a national, state or local emergency, the duties and responsibilities of the Mayor shall be administered temporarily by the Chief of Police. If neither the Mayor nor the Chief of Police is able to serve, then the duties shall be assumed temporarily by the Fire Chief - E911 Supervisor.

(D) Powers and duties.

(l) The executive authority of the city is hereby vested in and shall be exercised by the Mayor. The Mayor shall enforce the Mayor-Council Plan, city ordinances and orders, and all applicable statutes. He or she shall supervise all departments of city government and the conduct of all city officers and employees under his or her jurisdiction and require each department to make reports to him or her as required by ordinance or as he or she deems desirable.

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

(3) The Mayor shall report to the Council and to the public on the condition and needs of city government as he or she finds appropriate or as required by ordinance, but not less than annually. He or she shall make any recommendations for actions by the Council he or she finds in the public interest. (KRS 83A.130(3))

(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 statutes or ordinances. Upon promulgation or upon revision or rescission of the procedures, copies shall be filed with the person responsible for maintaining city records. (KRS 83A.130 (4))

(5) Any delegation of the Mayor's power, duties, or responsibilities to subordinate officers and employees and any expression of his or her official authority to fulfill executive functions shall be made by executive order. Executive orders shall be sequentially numbered by years and kept in a permanent file. (KRS 83A.130 (7))

(6) All bonds, notes, contracts, and written obligations of the city shall be made and executed by the Mayor or his or her agent designated by executive order. (KRS 833A.130 (8))

(7) 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))

(8) The Mayor shall provide for the orderly continuation of the functions of city government at any time he or she is unable to attend to the duties of his or her office by delegating responsibility for any function to be performed, in accordance with division (D)(5) above. However, the Mayor may not delegate the responsibility of presiding at meetings of the Council, and the authority to approve ordinances or promulgate administrative procedures may only be delegated to an elected officer. With approval of the Council, the Mayor may rescind any action taken in his or her absence under this section within 30 days of such action. If for any reason the disability of the Mayor to attend to his or her 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 § 31.21(C) shall apply. (KRS 83A.130 (10))

(9) The Mayor is permitted and authorized to grant easements on behalf of the city on all public roads and rights-of-way for the purpose of laying and maintaining water and sewer lines.

(Am. Res. R04-10, passed 4-14-04; Am. Res. 04-13, passed 5-12-04)

Statutory reference:

Powers and duties of Mayor, see KRS 83A.130

§ 31.22 COUNCIL MEMBERS.

For provisions concerning City Council, see Chapter 32.

NONELECTED CITY OFFICIALS

§ 31.35 ESTABLISHMENT OF NONELECTED CITY OFFICES.

(A) All nonelected city offices shall be created by ordinance which shall specify:

(l) Title of office;

(2) Powers and duties of office;

(3) Oath of office;

(4) Bond, if required; and

(5) Compensation, which may be specifically established or set by reference to another ordinance in which the compensation is specifically established.

(B) All nonelected city officers shall be appointed by the Mayor with approval of City Council.

(C) All nonelected officers may be removed only for cause and only in accordance with the duly established personnel policies and procedures of the city as promulgated in the Personnel Policy and Procedures Handbook for the City of Carrollton, including the appeal procedure as set forth therein and in accordance with the grievance procedure as set forth in § 36.19. (Ord. 89-09, passed 5-24-89)

(D) The following are nonelected city offices:

(l) City Clerk/Treasurer.

(2) Alcoholic Beverage Control Administrator.

(3) Fire Chief.

(Ord. 91-8, passed 5-8-91)

Statutory reference:

Nonelected city offices, see KRS 83A.080(l),(2)

§ 31.36 CITY CLERK/TREASURER.

(A) The city hereby establishes the office of City Clerk/Treasurer. The City Clerk/Treasurer shall be appointed by the Mayor with the approval of a majority vote of City Council.

(B) This office is responsible for the general municipal administration of the city and for directing the day-to-day operation of the city administrative offices under the direct supervision of the Mayor, with a more specific example of duties and requirements outlined in the city personnel handbook. The City Clerk/Treasurer shall perform the duties required of the "official custodian" or "custodian" pursuant to KRS 61.870 through 61.882, and any other duties and responsibilities required of the City Clerk/Treasurer by statute or ordinance. (KRS 83A.085)

(C) Compensation shall be in an amount set forth in the schedules found in the Personnel Policy and Procedures Handbook of the City of Carrollton, Kentucky.

(D) No person shall be appointed or act as the City Clerk/Treasurer unless such person has taken the oath required by Section 228 of the Constitution of the Commonwealth of Kentucky and has provided bond, if required, with corporate surety authorized to transact business in Kentucky and conditioned upon the performance of the duties specified herein.

(E) The City Clerk/Treasurer shall be removed only for cause and only in accordance with the duly established personnel policies and procedures of the city, including the appeal procedure as set forth therein, and in accordance with the grievance procedure as set forth in § 36.19.

(Ord., passed 12-30-85; Am. Ord. 89-11, passed 5-24-89; Am. Ord. 91-09, passed 5-8-91)

Cross-reference:

Building inspection duties, see § 150.02

§ 31.37 ALCOHOLIC BEVERAGE CONTROL ADMINISTRATOR.

(A) Establishment. The city hereby establishes the office of Alcoholic Beverage Control Administrator.

(B) Appointment. The Alcoholic Beverage Control Administrator shall be appointed by the Mayor with the approval of a majority vote of the City Council. ('78 Code, § 2-32) (Ord., passed l-14-70; Am.

Ord., passed 2-8-78)

(C) Functions, powers, and duties. The functions of the Alcoholic Beverage Control Administrator shall be the same with respect to city licenses and regulations, as the functions of the State Alcoholic Beverage Control Board with respect to state licenses and regulations, except that no regulation adopted by the Administrator may be less stringent than the statutes relating to alcoholic beverage control, or than the regulations of the State Board. No regulation of the Administrator shall become effective until it has been approved by the State Alcoholic Beverage Control Board. (KRS 241.l90)

(D) Compensation. Compensation shall be in the amount as established by the City Council from time to time as set forth in § 31.02.

(E) Oath and bond. No person shall be appointed or act as the Alcoholic Beverage Control Administrator unless such person has taken the oath required by Section 228 of the Constitution of the Commonwealth of Kentucky and has provided bond, in an amount of not less than $l,000, with corporate surety authorized to transact business in Kentucky and conditioned upon the performance of the duties specified herein. (KRS 241.180)

§ 31.38 (RESERVED).

§ 31.39 FIRE CHIEF.

(A) The office of the Fire Chief is hereby established.

(B) The Fire Chief shall be appointed by the Mayor with the approval of the City Council pursuant to KRS 83A.080; and, pursuant to KRS 83A.080, shall be removed only for cause and only in accordance with the duly established personnel policies and procedures of the city, including the appeal procedure as set forth therein, and in accordance with the grievance procedure as set forth in § 36.19.

(C) No person shall be appointed or act as the Fire Chief unless such person meets the qualifications set forth in KRS 95.710; has taken the oath required by Section 228 of the Constitution of the Commonwealth of Kentucky; and has provided a bond, if required by Council, with corporate surety authorized to transact business in Kentucky and conditioned upon the performance of the duties specified herein.

(D) Subject to the executive authority of the city, the Chief of the Fire Department shall be responsible for the organization and operation of the Fire Department and shall supervise, direct, and control the equipment of the Fire Department and the firefighters in their response to fires and the extinguishment thereof and the plans, preparations, procedures, practice, and training in regard thereto, and may, as Chief of the Fire Department, perform or cause to be performed all other actions authorized by law, ordinance, or regulation.

(E) The compensation of the Fire Chief shall be in an amount set forth in the schedules found in the Personnel Policy and Procedures Handbook of the City of Carrollton.

(F) No person shall be appointed as City Fire Chief unless such person has taken the oath required by Section 228 of the Constitution of the Commonwealth of Kentucky and has provided bond with a corporate surety authorized and has qualified to become surety on bond and conditioned upon the performance of the cities specified herein.

(Ord. 89-12, passed 5-24-89)

Cross-reference:

Fire Department, see §§ 35.030 through 35.032

OTHER OFFICIALS

§ 31.45 CHIEF OF POLICE.

(A) The position of Police Chief is hereby established. ('78 Code, § ll-2)

(B) In accordance with KRS 83A.130(9) and Attorney General Opinion 83-353, the Police Chief shall be appointed by the Mayor at will, and shall be removed only for cause and only in accordance with the duly established personnel policies and procedures of the city, including the appeal procedure as set forth therein, and in accordance with the grievance procedure as set forth in § 36.19.

(C) No person shall be appointed or act as the Police Chief unless such person has taken the oath required by Section 228 of the Constitution of the Commonwealth of Kentucky, and has provided a bond, if required, with corporate surety authorized to transact business in the Commonwealth of Kentucky and conditioned upon the performance of the duties specified herein and with the qualifications set forth in division (D) below.

(D) Training and experience shall consist of any combination of education, training, and experience which provides the necessary knowledge, skills, and abilities to perform effectively the duties of the position.

(E) Subject to the authority of the Mayor, the Chief of Police shall be responsible for the organization and operation of the Police Department of the city. He shall supervise, direct, and control the equipment and personnel thereof in the enforcement of all statutes, laws, and ordinances.

(F) The compensation of the Police Chief shall be in an amount set forth in the schedules found in the Personnel Policy and Procedures Handbook of the City of Carrollton, Kentucky.

(Ord. 89-13, passed 5-24-89)

Cross-reference:

Police Department, see §§ 35.085 and 35.086

General Provisions

32.01 Members; election, qualifications, compensation

32.02 Vacancies

32.03 Powers and duties

Rules of Procedure

32.20 Mayor as Presiding Officer

32.21 Meetings

32.22 Quorum

Ordinances

32.35 One subject; title

32.36 Introduction; enacting clause

32.37 Form of amendment

32.38 Reading requirement; exception for emergency

32.39 Approval, disapproval by Mayor

32.40 Adoption of standard codes by reference

32.41 Official city records

32.42 Indexing and maintenance requirements

32.43 Publication requirements

32.44 Additional requirements for adoption may be established

by city

32.45 Periodic review required

32.46 Municipal orders

32.47 Proved by Clerk; received in evidence

32.48 Legislative immunity

GENERAL PROVISIONS

§ 32.01 MEMBERS; ELECTION, QUALIFICATIONS, COMPENSATION.

(A) Election; term of office. Each Councilmember shall be elected at-large by the voters of the city at a regular election. A candidate for City Council shall be a resident of the city for not less than one year prior to his or her election. Terms of office begin on the first day of January following the election and shall be for two years.

(B) Qualifications. A member shall be at least 21 years of age, shall be a qualified voter in the city, and shall reside in the city throughout his term of office.

(KRS 83A.040(4))

§ 32.02 VACANCIES.

(A) Vacancies. If one or more vacancies on Council occur in a

way that one or more members remain seated, the remaining members shall within 30 days fill the vacancies one at a time, giving each new appointee reasonable notice of his selection as will enable him 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 are filled as provided in this section. (KRS 83A.040(5))

(l) No vacancy by reason of a voluntary resignation of a member of the Council shall occur unless a written resignation date is tendered to the Council. The resignation shall be effective at the next regular meeting of the Council. (KRS 83A.040(7))

(2) If a vacancy occurs on the Council which is required by law to be filled temporarily by appointment, the Council shall immediately notify in writing both the County Clerk and the Secretary of State of the vacancy. (KRS 83A.040(8))

(B) Failure to fill vacancies. If for any reason, any vacancy on Council is not filled within 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.

(KRS 83A.040(6))

Statutory reference:

Filling of vacancies for nonpartisan city office, see KRS 83A.175

§ 32.03 POWERS AND DUTIES.

(A) The legislative authority of the city is hereby vested in and shall be exercised by the elected Council of the city. The Council may not perform any executive functions except those functions assigned to it by statute. (KRS 83A.130 (11))

(B) The Council shall 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))

(C) The Council shall provide, by ordinance, for sufficient revenue to operate city government and shall appropriate the funds of the city in a budget which provides for the orderly management of city resources. (KRS 83A.130 (12))

(D) The Council may investigate all activities of city government. The Council may require any city officer or employee to prepare and submit to it sworn statements regarding the 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 may review any statement before submission to the Council and to appear personally or through his or her designee on behalf of any department, office, or agency in the course of any investigation.

(KRS 83A.130(13))

RULES OF PROCEDURE

§ 32.20 MAYOR AS PRESIDING OFFICER.

(A) The Mayor shall preside at meetings of the Council. The Council has the authority to establish, by ordinance, the manner in which one of its number may be selected to preside at meetings of the Council in the absence of the Mayor.

(B) The Mayor may participate in Council proceedings, but shall not have a vote, except that he or she may cast the deciding vote in case of a tie.

(KRS 83A.130(5))

Cross-reference:

Council to select one of its members to preside when there is a

vacancy in the office of Mayor, see § 31.21

§ 32.21 MEETINGS.

(A) Regular meetings.

(1) Regular meetings of the City Council shall be held on the second and fourth Monday of each month at Carrollton City Hall, 750 Clay Street, Carrollton, Kentucky, unless such a day is a legal holiday, in which case the regular meeting shall be held on the next day not a legal holiday. A regular work session shall be held immediately prior to the regular meeting. ('78 Code, § 2-16) (Ord., passed 10-10-72)

(2) Regular meetings of the City Council shall begin at the hour of 7:00 p.m., and the regular work session shall begin at the hour of 6:30 p.m. ('78 Code, § 2-17) (Ord., passed 1-9-74)

(3) The regular meeting of the City Council for any month may be changed, either as to day or time or both, by action of the City Council at a previous meeting, either regular or special. ('78 Code, § 2-18) (Ord., passed 10-10-72)

(B) Special meetings. 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.

(C) Minutes. The minutes of every meeting shall be signed by the City Clerk/Treasurer and by the officer presiding at the meeting.

(KRS 83A.130(11)) (Am. Ord. 91-07, passed 5-8-91; Am. Ord. 92-31, passed 9-9-92; Am. Ord. 94-01, passed 2-9-94; Am. Ord. 03-04, passed 4-22-03; Am. Ord. 06-14, passed 6-19-06)

Cross-reference:

Open meetings, see Chapter 38

§ 32.22 QUORUM.

Unless otherwise provided by statute, a majority of the Council constitutes a quorum and a vote of a majority of a quorum is sufficient to take action.

(KRS 83A.060(6))

ORDINANCES

§ 32.35 ONE SUBJECT; TITLE.

Each ordinance shall embrace only one subject and shall have a title that clearly states the subject.

(KRS 83A.060(1))

§ 32.36 INTRODUCTION; ENACTING CLAUSE.

Each ordinance shall be introduced in writing and shall have an enacting clause styled "Be it ordained by the City of Carrollton."

(KRS 83A.060(2))

§ 32.37 FORM OF AMENDMENT.

No ordinance shall be amended by reference to its title only, and ordinances to amend shall set out in full the amended ordinance or section indicating any words being added by a single solid line drawn underneath them, and any words being deleted by a single broken line drawn through them.

(KRS 83A.060(3))

§ 32.38 READING REQUIREMENT; EXCEPTION FOR EMERGENCY.

(A) Except as provided in division (B) of this section, no ordinance shall be enacted until it has been read on two separate days. The reading of an ordinance may be satisfied by stating the title and reading a summary rather than the full text.

(B) In an emergency, upon the affirmative vote of two-thirds of the membership, the Council may suspend the requirements of second reading and publication in order for an ordinance to become effective by naming and describing the emergency in the ordinance. Publication requirements of § 32.43 shall be complied with within ten days of the enactment of the emergency ordinance.

(KRS 83A.060 (4),(7))

§ 32.39 APPROVAL, DISAPPROVAL BY MAYOR.

(A) All ordinances adopted by the Council shall be submitted to the Mayor who, within ten days after submission, shall 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))

§ 32.40 ADOPTION OF STANDARD CODES BY REFERENCE.

The Council may adopt the provisions of any local, statewide, or nationally recognized standard code and codifications of entire bodies of local legislation by an ordinance that identifies the subject matter by title, source, and date and incorporates the adopted provisions by reference without setting them out in full, if a copy accompanies the adopting ordinance and is made a part of the permanent records of the city.

(KRS 83A.060 (5))

§ 32.41 OFFICIAL CITY RECORDS.

(A) Every action of the Council shall be made a part of the permanent records of the city and on passage of an ordinance the vote of each member of the Council shall be entered on the official record of the meeting.

(B) The Council has provided, under the provisions of §§ 31.36(C) and 32.42, for the maintenance and safekeeping of the permanent records of the city. The City Clerk/Treasurer and the presiding officer shall sign the official record of each meeting.

(KRS 83A.060(8)) (Am. Ord. 91-07, passed 5-8-91)

§ 32.42 INDEXING AND MAINTENANCE REQUIREMENTS.

At the end of each month, all ordinances adopted in the city shall be indexed and maintained by the City Clerk/Treasurer in the following manner:

(A) The city budget, appropriations of money, and tax levies shall be maintained and indexed so that each fiscal year is kept separate from other years.

(B) All other city ordinances shall be kept in the minute book or an ordinance book in the order adopted and maintained in this code of ordinances.

(KRS 83A.060(8)) (Am. Ord. 91-07, passed 5-8-91)

§ 32.43 PUBLICATION REQUIREMENTS.

(A) Except as provided in § 32.38(B), no ordinance shall be effective until published pursuant to KRS Chapter 424.

(B) Ordinances may be published in full or in summary as designated by the legislative body. If the legislative body elects to publish an ordinance in summary, the summary shall be prepared or certified by an attorney licensed to practice law in the Commonwealth of Kentucky and shall include the following:

(1) The title of the ordinance;

(2) A brief narrative setting forth the main points of the ordinance in a way reasonably calculated to inform the public in a clear and understandable manner of the meaning of the ordinance; and

(3) The full text of each section that imposes taxes or fees.

(C) Ordinances that include descriptions of real property may include a sketch, drawing, or map, including common landmarks, such as streets or roads in lieu of metes and bounds descriptions.

(KRS 83A.060(9))

§ 32.44 ADDITIONAL REQUIREMENTS FOR ADOPTION MAY BE ESTABLISHED BY CITY.

The city may, by ordinance, specify additional requirements for adoption of ordinances in greater detail than contained herein, but the city may not lessen or reduce the substantial requirements of this chapter or any statute relating to adoption of ordinances.

(KRS 83A.060(10))

§ 32.45 PERIODIC REVIEW REQUIRED.

Not less than once every five years all ordinances in this code of ordinances shall be examined for consistency with state law and with one another and shall be revised to eliminate redundant, obsolete, inconsistent, and invalid provisions.

(KRS 83A.060(ll))

§ 32.46 MUNICIPAL ORDERS.

(A) Council may adopt municipal orders. All municipal orders shall be in writing and shall be adopted only at an official meeting. Orders may be amended only by a subsequent municipal order or ordinance. All orders adopted shall be maintained in an official order book.

(B) In lieu of an ordinance, municipal orders may be used for matters relating to the internal operation and functions of the city and to appoint or remove or approve appointment or removal of members of boards, commissions, and other agencies over which the Council has control.

(KRS 83A.060(12), (13))

§ 32.47 PROVED BY CLERK; RECEIVED IN EVIDENCE.

All ordinances and orders of the city may be proved by the signature of the City Clerk/Treasurer; and when the ordinances are placed in this code of ordinances by authority of the city, the printed copy shall be received in evidence by any state court without further proof of such ordinances.

(KRS 83A.060(14)) (Am. Ord. 91-11, passed 5-8-91)

§ 32.48 LEGISLATIVE IMMUNITY.

For anything said in debate, Councilmembers shall be entitled to the same immunities and protections allowed to members of the General Assembly.

(KRS 83A.060(15))

Statutory reference:

Privileges of members of General Assembly, see KRS 6.050 and

Ky. Const. § 43

Financial Administration

33.01 Definitions

33.02 Accounting records and financial reports

33.03 Annual budget ordinance

33.04 Annual audit of city funds

33.05 Official depositories; disbursement of city funds

33.06 Bill payment procedure

33.07 Assets and property capitalization procedures

Improvements

33.10 Definitions

33.ll Financing of improvements

33.12 Apportionment of cost

33.13 Comprehensive report required

33.14 Public hearing required

33.15 Adoption of ordinance; notice to affected owners

33.16 Affected owner may contest

33.17 When city may proceed; assessment constitutes lien

33.18 Effect of additional property or change in financing

Risk Management Association

33.25 Establishment

33.26 Purpose; membership; structure

33.27 Powers and authorities

33.28 Manner of financing

33.29 Authorization to issue revenue bonds and borrow money

33.30 Trust participation

33.31 Member withdrawal

33.32 Termination; distribution of assets

33.33 Nature of agreement; date and duration

33.34 Liability of officers and employees; authorization of

signature page

33.35 Further acts and deeds; construction

Investment Policy

33.45 General policy

33.46 Scope

33.47 Investment objectives

33.48 Investment authority

33.49 Prudent person rule

33.50 Authorized investments

33.51 Diversification of investments

33.52 Authorized financial dealers and institutions

33.53 Safekeeping and custody

33.54 Collateral

33.55 Investment reporting

33.56 Audit

33.57 Investment policy adoption

§ 33.01 DEFINITIONS.

As used in this subchapter, unless the context otherwise requires, the following definitions shall apply:

"BUDGET." A proposed plan for raising and spending money for specified programs, functions, activities, or objectives during a fiscal year.

"DEBT SERVICE." The sum of money required to pay installments of principal and interest on bonds, notes, and other evidences of debt accruing within a fiscal year and to maintain sinking funds.

"ENCUMBRANCES." Obligations in the form of purchase orders or contracts that are chargeable to an appropriation. An obligation ceases to be an encumbrance when paid or when the actual liability is recorded.

"FISCAL YEAR." The accounting period for the administration of fiscal operations.

"GENERALLY ACCEPTED GOVERNMENTAL AUDITING STANDARDS." Those standards for audit of governmental organizations, programs, activities and functions issued by the Comptroller General of the United States.

(KRS 91A.010(6))

"GENERALLY ACCEPTED PRINCIPLES OF GOVERNMENTAL ACCOUNTING." Those

standards and procedures promulgated and recognized by the Governmental Accounting Standards Board.

(KRS 91A.010(7))

§ 33.02 ACCOUNTING RECORDS AND FINANCIAL REPORTS.

(A) The city shall keep its accounting records and render financial reports in such a way as to:

(1) Determine compliance with statutory provisions; and

(2) Determine fairly and with full disclosure the financial operations of constituent funds and account groups of the city in conformity with generally accepted governmental accounting principles.

(B) The municipal accounting system shall be organized and operated on a fund basis.

(KRS 91A.020)

§ 33.03 ANNUAL BUDGET ORDINANCE.

(A) The city shall operate under an annual budget ordinance adopted and administered in accordance with the provisions of this section. No moneys shall be expended from any governmental or proprietary fund except in accordance with a budget ordinance adopted pursuant to this section.

(B) Moneys held by the city as a trustee or agent for individuals, private organizations, or other governmental units need not be included in the budget ordinance.

(C) If in any fiscal year subsequent to a fiscal year in which the city has adopted a budget ordinance in accordance with this section, no budget ordinance is adopted, the budget ordinance of the previous fiscal year has full force and effect as if readopted.

(D) The budget ordinance of the city shall cover one fiscal year.

(E) Preparation of the budget proposal shall be the responsibility of the Mayor.

(F) The budget proposal shall be prepared in such form and detail as prescribed by ordinance.

(G) The budget proposal together with a budget message shall be submitted to Council not later than 30 days prior to the beginning of the fiscal year it covers. The budget message shall contain an explanation of the governmental goals fixed by the budget for the coming fiscal year; explain important features of the activities anticipated in the budget; set forth the reasons for stated changes from the previous year in program goals, programs, and appropriation levels; and explain any major changes in fiscal policy.

(H) (l) Council may adopt the budget ordinance making appropriations for the fiscal year in such sums as it finds sufficient and proper, whether greater or less than the sums recommended in the budget proposal. The budget ordinance may take any form that Council finds most efficient in enabling it to make the necessary fiscal policy decisions.

(2) No budget ordinance shall be adopted which provides for appropriations to exceed revenues in any one fiscal year in violation of Section 157 of the Kentucky Constitution.

(I) The full amount estimated to be required for debt service during the budget year shall be appropriated, for all governmental fund types.

(J) Council may amend the budget ordinance at any time after the ordinance's adoption, so long as the amended ordinance continues to satisfy the requirements of this section.

(K) Administration and implementation of an adopted budget ordinance shall be the responsibility of the Mayor. Such responsibility includes the preparation and submission to Council of operating statements, including budgetary comparisons of each governmental fund for which an annual budget has been adopted. Such reports shall be submitted not less than once every three months in each fiscal year.

(L) To the extent practical, the system utilized in the administration and implementation of the adopted budget ordinance shall be consistent in form with the accounting system called for in § 33.02.

(M) No city agency, or member, director, officer, or employee of any city agency, may bind the city in any way to any extent beyond the amount of money at that time appropriated for the purpose of the agency. All contracts, agreements, and obligations, express or implied, beyond such existing appropriations are void; nor shall any city officer issue any bond, certificate, or warrant for the payment of money by the city in any way to any extent, beyond the balance of any appropriation made for the purpose.

(KRS 9lA.030)

§ 33.04 ANNUAL AUDIT OF CITY FUNDS.

(A) The city shall, after the close of each fiscal year, cause each fund of the city to be audited by the auditor of public accounts or a certified public accountant. The audits shall be completed by February 1 immediately following the fiscal year being audited. Within ten days of the completion of the audit and its presentation to the city legislative body, in accordance with division (B)(5) of this section, the city shall forward three copies of the audit report to the Governor's Office for Local Development for information purposes. The Governor's Office for Local Development shall forward one copy of the audit report to the Legislative Research Commission to be used for the purposes of KRS 6.955 to 6.975.

(B) The city shall enter into a written contract with the selected auditor. The contract shall set forth all terms and conditions of the agreement which shall include, but not be limited to, requirements that:

(1) The auditor be employed to examine the basic financial statements which shall include the government-wide and fund financial statements;

(2) The auditor shall include in the annual city audit report an examination of local government economic assistance funds granted to the city under KRS 42.450 to 42.495. The auditor shall include a certification with the annual audit report that the funds were expended for the purpose intended.

(3) All audit information be prepared in accordance with generally accepted governmental auditing standards which includes such tests of the accounting records and such auditing procedures as considered necessary under the circumstances. Where the audit is to cover the use of state or federal funds, appropriate state or federal guidelines shall be utilized;

(4) The auditor prepare a typewritten or printed report embodying:

(a) The basic financial statements and accompanying supplemental and required supplemental information;

(b) The auditor’s opinion on the basic financial statements or reasons why an opinion cannot be expressed; and

(5) The completed audit and all accompanying documentation shall be presented to Council at a regular or special meeting.

(6) Any contract with a certified public accountant for an audit shall require the accountant to forward a copy of the audit report and management letters to the Auditor of Public Accounts upon request of the city or the Auditor of Public Accounts, and the Auditor of Public Accounts shall have the right to review the certified public accountant's workpapers upon request.

(C) A copy of an audit report which meets the requirements of this section shall be considered satisfactory and final in meeting any official request to the city for financial data, except for statutory or judicial requirements, or requirements of the Legislative Research Commission necessary to carry out the purposes of KRS 6.955 to 6.975.

(D) Each city shall, within 30 days after the presentation of an audit to the city legislative body, publish an advertisement, in accordance with KRS Chapter 424, containing:

(1) The auditor’s opinion letter;

(2) The “Budgetary Comparison Schedules-Major Funds,” which shall include the general fund and all major funds;

(3) A statement that a copy of the complete audit report, including financial statements and supplemental information, is on file at city hall and is available for public inspection during normal business hours;

(4) A statement that any citizen may obtain from city hall a copy of the complete auditor's report, including financial statements and supplemental information, for his or her personal use.

(5) A statement which notifies citizens requesting a personal copy of the city audit report that they will be charged for duplication costs at a rate that shall not exceed $.25 per page; and

(6) A statement that copies of the financial statement prepared in accordance with KRS 424.220 are available to the public at no cost at the business address of the officer responsible for preparation of such statement.

(E) Any person who violates any provision of this section shall be fined not less than $50 nor more than $500. In addition, any officer who fails to comply with any of the provisions of this section shall, for each failure, be subject to a forfeiture of not less than $50 nor more than $500, in the discretion of the court, which may be recovered only once, in a civil action brought by any resident of the city. The costs of all proceedings, including a reasonable fee for the attorney of the resident bringing the action, shall be assessed against the unsuccessful party.

(KRS 9lA.040)

Statutory reference:

Department for Local Government to provide assistance, see

KRS 9lA.050.

§ 33.05 OFFICIAL DEPOSITORIES; DISBURSEMENT OF CITY FUNDS.

(A) The Mayor shall designate as the city's official depositories one or more banks, federally insured savings and loan companies, or trust companies within the Commonwealth. The amount of funds on deposit in an official depository shall be fully insured by deposit insurance or collateralized in accordance with 12 U.S.C. sec. 1823, to the extent uninsured, by any obligations, including surety bonds permitted by KRS 41.240(4).

(B) All receipts from any source of city money or money for which the city is responsible, which has not been otherwise invested or deposited in a manner authorized by law, shall be deposited in official depositories. All city funds shall be disbursed by written authorization approved by the Mayor which states the name of the person to whom funds are payable, the purpose of the payment, and the fund out of which the funds are payable. Each authorization shall be numbered and recorded.

(KRS 9lA.060)

§ 33.06 BILL PAYMENT PROCEDURE.

Before approval for payment, all bills payable shall be initialed by the department head and the Mayor, except administrative bills payable, which shall be initialed by the City Clerk/Treasurer and Mayor before payment.

(Res., passed 3-8-78; Am. Ord. 91-07, passed 5-8-91)

§ 33.07 ASSETS AND PROPERTY CAPITALIZATION PROCEDURES.

(A) Accountability; responsibility.

(1) Management/supervisor personnel are accountable for assets/equipment within their department. Accountability includes inventory control and maintenance of all equipment in their immediate area of responsibility.

(2) Responsibility lies with every individual utilizing the city assets/equipment for the p