Kentucky Statutes 83A.080 – Nonelective city offices and officers — Appointment — Removal — Statement of reason for removal — Prohibition against creating or altering elected office
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(1) All nonelected city offices shall be created by ordinance which shall specify: (a) Title of office;
(b) Powers and duties of office; (c) Oath of office; and
(d) Bond, if required.
(2) A city may create nonelected offices other than those referred to in this subsection.
For purposes of the requirements of this section, the following shall be considered nonelected offices:
(a) City clerk;
(b) City manager;
(c) City administrator; (d) Chief of police; and
(e) Fire chief, other than a volunteer fire chief.
(3) All nonelected city officers shall be appointed by the executive authority of the city and, except in cities of the first class, all these appointments shall be with approval of the city legislative body if separate from the executive authority. The officers may be removed by the executive authority at will unless otherwise provided by statute or ordinance. Upon removal of a nonelected officer at will, the executive authority shall give the officer a written statement setting forth the reason or reasons for the removal. However, this requirement shall not be construed as limiting in any way the at-will dismissal power of the executive authority.
(4) Each appointed and elected city office existing upon adoption of this chapter shall continue until abolished by ordinance, except that the offices of mayor and legislative body members may not be abolished. No abolition of any elected office shall take effect until expiration of the term of the current holder of the office. No ordinance abolishing any elected office shall be enacted later than two hundred forty (240) days preceding the regular election for that office, except in the event of a vacancy in the office.
(5) No city may create any elected office. Existing elected offices may be continued under provision of subsection (4) of this section, but no existing elected office may be changed.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 271, sec. 2, effective July 15, 2002. — Amended
2001 Ky. Acts ch. 118, sec. 1, effective June 21, 2001. — Amended 1992 Ky. Acts ch. 435, sec. 9, effective July 14, 1992. — Amended 1988 Ky. Acts ch. 70, sec. 1, effective July 15, 1988. — Amended 1982 Ky. Acts ch. 434, sec. 3, effective July 15,
1982. — Created 1980 Ky. Acts ch. 235, sec. 8, effective July 15, 1980.
Legislative Research Commission Note (6/21/2001). A reference to “subsection (3)” in subsection (5) of this statute has been changed in codification to “subsection (4)” under KRS § 7.136(1)(e) and (h). In 2001 Ky. Acts ch. 118, sec. 1, subsection (3) was
renumbered as subsection (4), but an internal reference in the existing language of this statute was overlooked.
(b) Powers and duties of office; (c) Oath of office; and
Terms Used In Kentucky Statutes 83A.080
- City: includes town. See Kentucky Statutes 446.010
- Commission: means the city commission in any city organized and governed under the commission plan. See Kentucky Statutes 83A.010
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Executive authority: means the mayor in any city organized and governed under the mayor-council plan or the mayor-alderman plan as provided in KRS Chapter 83, the commission in any city organized and governed under the commission plan, or the board of commissioners in any city organized under the city manager plan. See Kentucky Statutes 83A.010
- Oath: A promise to tell the truth.
- Ordinance: means an official action of a city legislative body, which is a regulation of a general and permanent nature and enforceable as a local law or is an appropriation of money. See Kentucky Statutes 83A.010
- Regular election: means the election in even-numbered years at which members of Congress are elected and the election in odd-numbered years at which state officers are elected. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(d) Bond, if required.
(2) A city may create nonelected offices other than those referred to in this subsection.
For purposes of the requirements of this section, the following shall be considered nonelected offices:
(a) City clerk;
(b) City manager;
(c) City administrator; (d) Chief of police; and
(e) Fire chief, other than a volunteer fire chief.
(3) All nonelected city officers shall be appointed by the executive authority of the city and, except in cities of the first class, all these appointments shall be with approval of the city legislative body if separate from the executive authority. The officers may be removed by the executive authority at will unless otherwise provided by statute or ordinance. Upon removal of a nonelected officer at will, the executive authority shall give the officer a written statement setting forth the reason or reasons for the removal. However, this requirement shall not be construed as limiting in any way the at-will dismissal power of the executive authority.
(4) Each appointed and elected city office existing upon adoption of this chapter shall continue until abolished by ordinance, except that the offices of mayor and legislative body members may not be abolished. No abolition of any elected office shall take effect until expiration of the term of the current holder of the office. No ordinance abolishing any elected office shall be enacted later than two hundred forty (240) days preceding the regular election for that office, except in the event of a vacancy in the office.
(5) No city may create any elected office. Existing elected offices may be continued under provision of subsection (4) of this section, but no existing elected office may be changed.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 271, sec. 2, effective July 15, 2002. — Amended
2001 Ky. Acts ch. 118, sec. 1, effective June 21, 2001. — Amended 1992 Ky. Acts ch. 435, sec. 9, effective July 14, 1992. — Amended 1988 Ky. Acts ch. 70, sec. 1, effective July 15, 1988. — Amended 1982 Ky. Acts ch. 434, sec. 3, effective July 15,
1982. — Created 1980 Ky. Acts ch. 235, sec. 8, effective July 15, 1980.
Legislative Research Commission Note (6/21/2001). A reference to “subsection (3)” in subsection (5) of this statute has been changed in codification to “subsection (4)” under KRS § 7.136(1)(e) and (h). In 2001 Ky. Acts ch. 118, sec. 1, subsection (3) was
renumbered as subsection (4), but an internal reference in the existing language of this statute was overlooked.