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Vol. 113, No. 13
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March 29, 2006
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Responsibilities of city council members
By KAREN KENNEDY
Messenger Staff
Just as important as the mayor are the city’s elected council members. These are the people who make the hard decisions that affect the well-being and future success of the city.
The number of council members serving a city depends upon the classification of the city. In first-class cities, the council consists of 12 council members. In second through fourth class cities there are anywhere between six and 12 elected council members, dependent upon the city ordinance. In fifth and sixth class cities, councils have six members.
The mayor/council form of government clearly differentiates the executive (mayor) and legislative (city council) authority. KRS gives the mayor all executive and administrative authority. The city cannot perform any executive or administrative functions unless permitted to do so by statute. The mayor and city council are separate branches of city government with status considered to be equal.
A city council member (legislator) must be at least 21 years of age. He or she must be a qualified voter, but the statute does not stipulate whether the council member must be a registered voter. The council member must be a resident of the city throughout his term.
City council members serve terms of two years to begin on Jan. 1 and must be voted in during a regular election.
Unexpired council terms are to be filled within 30 days; otherwise, the governor will appoint. Only council members – not mayors – may appoint council members to vacated seats. A council member can only be removed from office by unanimous vote by the remaining council members and for “misconduct, incapacity, or willful neglect in the performance of the duties of his office.”
City council must act as a whole body, and individual council members are not permitted to make decisions for or act on behalf of the entire council. In accordance with Kentucky Revised Statutes, council must have a quorum (majority) of members present in order to act.
Council members may only perform legislative actions. Neither the council as a whole nor any individual council member may perform administrative or executive duties or any day-to-day function of the city since these are the responsibility of the mayor.
The duties of council are as follows:
• Establish by ordinance all appointed office and duties/responsibilities of those offices Enact all codes, rules, and regulations for the general public’s health, safety, and welfare
• Provide revenues to operate city government through the annual budget and by levying taxes and establishing fees and charges for city services
• Establish by ordinance the compensation paid to all elected and appointed officers and city employees
• Investigate all activities of city government and require any city officer or employee to prepare and submit sworn statements regarding the performance of his official duties
• Appoint a new mayor or council member if a vacancy occurs
•Remove elected officers for misconduct, inability or willful neglect of office
•Divide the city into wards for the purpose of electing council members
•Change the manner of electing city officers by adopting nonpartisan primary election process
•Approve the appointment of non-elected city officers
•May disapprove regulations promulgated by the mayor
• May override mayoral votes
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