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TITLE III: Administration

 

TITLE III: ADMINISTRATION

 

 

 

Chapter

 

30. MAYOR‑COUNCIL PLAN

 

31. CITY OFFICIALS

 

32. CITY COUNCIL

 

33. FINANCE AND REVENUE

 

34. PUBLIC RECORDS

 

34A. PUBLIC MEETINGS

 

35. DEPARTMENTS, BOARDS, AND COMMISSIONS

 

36. PERSONNEL CLASSIFICATION PLAN AND PAY

 

37. TAXATION

 

38. CITY POLICIES

 

39. CODE OF ETHICS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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 (1))

 

 

' 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 (1))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CHAPTER 31: CITY OFFICIALS

 

 

Section

 

 

General Provisions

 

31.01 Oath; bond

31.02 Compensation

31.03 Removal from office

 

 

Elected Officials

 

31.20 Election procedure

31.21 Mayor

31.22 Councilmembers

 

 

Non-elected City Officials

 

31.35 Establishment of non-elected city offices

31.36 City Clerk/Treasurer

 

 

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 the 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) Certification of oath. The person administering an oath of office to an elected officer, shall certify, in writing, that the oath of office was administered, and the date of its administration. The said written certification shall be filed in accordance with the mandates of KRS Ch. 62.

 

(C) Bond. Official bonds shall, if required, meet the standards of KRS 62.060.

 

 

 

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' 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.

 

(1) 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 1949 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 twelve thousand dollars ($12,000) per annum and Mayors in cities other than the first class and Councilmembers shall be paid at a rate no greater than seven thousand two hundred dollars ($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 in the ordinance that creates the office 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) Non-elected officers. Non-elected 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 non-elected officers, see KRS 83A.080(3)

 

 

 

 

 

 

 

 

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ELECTED OFFICIALS

 

 

' 31.20 ELECTION PROCEDURE.

 

(A) The election of city officers shall be under nonpartisan city election laws as provided in KRS Chapter 83A.

(Ord. 82‑6, passed 3‑2‑82)

 

(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 law for elections generally.

 

(D) Each appointed and elected city office existing on July 15, 1980, shall continue until abolished by ordinance, except that the offices of Mayor and City Councilmembers 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(4), (5)

 

 

' 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 calendar year prior to his or her election. His or her term of office begins on the first day of January following his or her election and shall be for four 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 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))

 

 

 

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(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 or special meeting of City Council occurring after the date specified in the letter of resignation.

(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.

(KRS 83A.040(2)(d))

 

(D) Powers and duties.

 

(1) 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))

 

 

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(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 83A.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))

 

(E) Compensation. The compensation of the Mayor of the city shall be in the sum of $10,500 per annum, which shall be paid in equal consecutive monthly increments.

(Ord. 72-7, passed 2-15-72; Am. Ord. 81-4, passed 4-28-81; Am. Ord. 89-5, passed 4-18-89)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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' 31.22 COUNCILMEMBERS.

 

For provisions concerning City Council, see Chapter 32.

 

 

 

NON-ELECTED CITY OFFICIALS

 

 

' 31.35 ESTABLISHMENT OF NON-ELECTED CITY OFFICES.

 

(A) All non-elected city offices shall be created by ordinance which shall specify:

 

(1) Title of office;

 

(2) Powers and duties of office;

 

(3) Oath of office;

 

(4) Bond, if required; and

 

(5) Compensation.

 

(B) With the exception of the Police Chief and all city police officers, all non-elected city officers shall be appointed by the Mayor with approval of City Council. The Police Chief and all city police officers shall be appointed by the Mayor at will and such appointments need not be approved by City Council.

 

(C) All non-elected officers may be removed by the Mayor at will unless otherwise provided by statute or ordinance.

Statutory reference:

Non-elected city offices, see KRS 83A.080(1), (2), (3)

 

 

' 31.36 CITY CLERK/TREASURER.

 

(A) The city hereby establishes the office of the City Clerk/Treasurer.

 

(B) The office of City Clerk/Treasurer may, by ordinance, be combined with any other non-elected city office by inclusion of the title and duties of such office.

 

(C) The duties and responsibilities of the City Clerk/Treasurer shall include, but are not limited to the following:

 

(1) Maintenance and safekeeping of the permanent records of the city in the vault at the city hall and in conformity with the requirements of the Kentucky Revised Statutes and any other law or official regulation.

(Ord. 80‑6, passed 11‑4‑80)

 

 

 

 

 

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(2) Performance of the duties required of the Aofficial custodian@ or Acustodian@ pursuant to KRS 61.870 through 61.882;

 

(3) Possession of the seal of the city if used;

 

(4) No later than January 31 of each year, mail to the Governor=s Office for Local Development a list containing current city information including but not limited to the following:

 

(a) The correct name of the Mayor, Councilmembers, and the following appointed officials who are serving as of January 1 of each year:

 

(1) City Clerk;

 

(2) City Treasurer;

 

(3) City Manager;

 

(4) City Attorney;

 

(5) Finance Director;

 

(6) Police Chief;

 

(7) Fire Chief; and

 

(8) Public Works Director;

 

(b) The correct name of the city, mailing address for city hall, and telephone number of the city hall;

 

(c) The name and telephone number of either an elected or appointed official to serve as a contact person that may be reached during normal business hours of 8:00 a.m. to 4:30 p.m.; and

 

(5) Performance of all other duties and responsibilities required of the City Clerk/Treasurer by statute or ordinance.

(KRS 83A.085)

 

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

 

(E) 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.

 

 

 

 

 

 

 

 

 

 

2009 S‑13

 

CHAPTER 32: CITY COUNCIL

 

 

Section

 

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 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 or her term of office.

(KRS 83A.040(4))

 

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(C) Compensation. The compensation of the City Council shall be the sum of $4,200 per annum which shall be paid in equal consecutive monthly increments.

(Ord. 79-4, passed 4-26-79; Am. Ord. 81-4, passed 4-28-81)

 

 

' 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 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 are filled as provided in this section.

 

(1) No vacancy by reason of a voluntary resignation of a member of the City Council shall occur unless a written resignation which specifies a resignation date is tendered to the City Council. The resignation shall be effective at the next regular or special Council meeting occurring after the date specified in the written letter of resignation.

(KRS 83A.040(7))

 

(2) If a vacancy occurs on the City Council 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))

 

(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(5))

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))

 

 

 

 

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(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 or her 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 may cast the deciding vote in case of a tie.

(KRS 83A.130(5))

Cross-reference:

Council=s responsibility to select one of its own members to preside when there is a vacancy in

the office of Mayor, see ' 31.21

 

 

' 32.21 MEETINGS.

 

(A) The City Council shall hold regular meetings twice each month, the first on the first Tuesday after the first Monday of each month at 7:00 p.m. and the second on the third Tuesday after the first Monday of each month at 7:00 p.m., based on the official time then prevailing throughout the county; however, whenever the first or third Tuesday after the first Monday of a month falls on a legal holiday, then the regular meeting for that month shall be held on the ensuing Tuesday which is a secular day at the regular time of that meeting.

 

(B) The regular meeting place at which the City Council shall hold its meetings shall be at the city hall.

 

(C) Special meetings of the City Council may be called at any time by the Mayor or upon a written request of a majority of the members of the City Council, by written notice delivered personally, or by mail at least 24 hours prior to the time specified for the proposed meeting, to each Councilmember; to the Mayor; to each local newspaper of general circulation; to each news service; and to each local radio or television station which has on file with the City Council a written request to be notified of special meetings of the City Council, in accordance with KRS Chapter 61.

(Ord. 81-3, passed 4-21-8l; Am. Ord. 84-2, passed 3-20-84; Am. Ord. 86-1, passed 1-21-86)

 

(D) At a special meeting no business may be considered other than that set forth in the designation of purpose.

 

 

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(E) The minutes of every meeting shall be signed by the City Clerk as provided under ' 31.36 and by the officer presiding at the meeting.

(KRS 83A.130(11))

 

 

' 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 ABe it ordained by the City of Russellville.@

(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))

 

 

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' 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 or her signature or disapprove it by returning it to the Council together with a statement of his or her objections.

 

(B) No ordinance shall take effect without the Mayor=s approval unless he or she 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 is hereby 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 and the presiding officer shall sign the official record of each meeting.

(KRS 83A.060(8))

 

 

' 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 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))

 

 

' 32.43 PUBLICATION REQUIREMENTS.

 

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

 

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(B) The publication requirements for ordinances, including all bond and zoning ordinances, may be satisfied by publication in full or in summary as designated by Council.

 

(C) The requirements for summary publication may be satisfied by publication of the title, 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 the full text of each section that imposes taxes or fees prepared and certified by an attorney licensed to practice law in the Commonwealth of Kentucky.

 

(D) 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 specify by ordinance 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.

 

At least once every five years all ordinances in this code of ordinances shall be examined for consistency with statu law and with one another and shall be revised to eliminate redundant, obsolete, inconsistent, and invalid provisions.

(KRS 83A.060(11))

 

 

' 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; 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 the ordinances.

(KRS 83A.060(14))

 

 

 

 

 

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' 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

 

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CHAPTER 33: FINANCE AND REVENUE

 

 

Section

 

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

 

Improvements

 

33.10 Definitions

33.11 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

 

Purchasing Procedures

 

33.30 Adoption of model procurement code

 

33.99 Penalties

 

 

FINANCIAL ADMINISTRATION

 

 

' 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.

 

 

 

 

 

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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 National Council of Governmental Accounting, the Municipal Finance Officers of the United States and Canada, and the American Institute of Certified Public Accountants.

(KRS 9lA.010)

 

' 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;

 

(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; and

 

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

(KRS 9lA.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) (1) 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

 

 

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Finance and Revenue 21

 

 

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.

 

(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 thereof, 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 Council, pursuant to division (B)(4) 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.

 

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(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

 

(c) Findings required to be reported as a result of the audit.

 

(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 Council, publish an advertisement, in accordance with KRS 424, containing:

 

(1) The auditor=s opinion letter;

 

(2) The ABudgetary Comparison SchedulesBMajor 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 audit 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 $0.25 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 the statement.

 

(E) The city may utilize the alternative publication methods authorized by KRS 424.190(2) to comply with the provisions of this section.

 

 

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Finance and Revenue 23

 

 

(F) 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:

Governor=s Office for Local Development to provide assistance, see KRS 91A.050.

 

 

' 33.05 OFFICIAL DEPOSITORIES; DISBURSEMENT OF CITY FUNDS.

 

(A) The Mayor shall designate as the city=s official depositories one or more banks, federal 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 USC 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)

 

 

 

IMPROVEMENTS

 

 

' 33.10 DEFINITIONS.

 

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

 

ASSESSED VALUE BASIS. The apportionment of cost of an improvement according to the ratio the assessed value of individual parcels of property bears to the total assessed value of all such properties.

 

BENEFITS RECEIVED BASIS. The apportionment of cost of an improvement according to equitable determination by Council of the special benefit received by property from the improvement, including assessed value basis, front foot basis, and square foot basis, or any combination thereof, and may include consideration of assessed value of land only, graduation for different classes of property based on nature and extent of special benefits received, and other factors affecting benefits received.

 

COST. All costs related to an improvement, including planning, design, property or easement acquisition and construction costs, fiscal and legal fees, financing costs, and publication expenses.

 

FAIR BASIS. Assessed value basis, front foot basis, square foot basis, or benefits received basis.

 

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FRONT FOOT BASIS. The apportionment of cost of an improvement according to the ratio the front footage on the improvement of individual parcels of property bears to such front footage of all such properties.

 

IMPROVEMENT. Construction of any facility for public use or services or any addition thereto, which is of special benefit to specific properties in the area served by such facility.

 

PROPERTY. Any real property benefited by an improvement.

 

SPECIAL ASSESSMENT or ASSESSMENT. A special charge fixed on property to finance an improvement in whole or in part.

 

SQUARE FOOT BASIS. The apportionment of cost of an improvement according to the ratio the square footage of individual parcels of property bears to the square footage of all such property.

(KRS 9lA.210)

 

 

' 33.ll FINANCING OF IMPROVEMENTS.

 

(A) The city may not finance any improvement in whole or in part through special assessments except as provided in this subchapter and in any applicable statutes.

(KRS 9lA.200)

 

(B) Cost of an improvement shall be apportioned equitably on a fair basis.

 

(C) The city may provide for lump sum or installment payment of assessments or for bond or other long-term financing, and for any improvement may afford property owners the option as to method of payment or financing.

(KRS 9lA.220)

 

 

' 33.12 APPORTIONMENT OF COST.

 

The cost of any improvement shall be apportioned on a benefits received basis with respect to any property owned by the state, a local unit of government, or any educational, religious, or charitable organization. Council may assess such property in the same manner as for privately owned property or it may pay the costs so apportioned out of general revenues.

(KRS 9lA.230)

 

 

' 33.13 COMPREHENSIVE REPORT REQUIRED.

 

Before undertaking any improvements pursuant to this subchapter, the city shall prepare a comprehensive report setting out:

 

(A) The nature of the improvement;

 

(B) The scope and the extent of the improvement, including the boundaries or other description of the area to be assessed;

 

(C) The preliminary estimated cost of the improvement;

 

 

 

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Finance and Revenue 25

 

 

(D) The fair basis of assessment proposed;

 

(E) If financing of assessments is provided, the proposed method, including the proposed years to maturity of any bonds to be issued in connection with the improvement; and

 

(F) Such other information as may further explain material aspects of the improvement, assessments, or financing.

(KRS 9lA.240)

 

 

' 33.14 PUBLIC HEARING REQUIRED.

 

After preparation of the report required by ' 33.13, the city shall hold at least one public hearing on the proposed improvement at which all interested persons shall be heard. Notice of the hearing shall be published pursuant to KRS Chapter 424, and mailed to each affected property owner by certified mail, return receipt requested, and shall include:

 

(A) The nature of the improvement;

 

(B) Description of area of the improvement;

 

(C) Statement that the city proposes to finance the improvement in whole or in part by special assessment of property and the method to be used;

 

(D) Time and place the report may be examined; and

 

(E) Time and place of the hearing.

(KRS 9lA.250)

 

 

' 33.15 ADOPTION OF ORDINANCE; NOTICE TO AFFECTED OWNERS.

 

Within 90 days of conclusion of the hearing, the city shall determine whether to proceed with the improvement by special assessments, and if it determines to proceed shall adopt an ordinance so stating and containing all necessary terms, including the items referred to in ' 33.13 and a description of all properties. Promptly upon passage the city shall publish such ordinance pursuant to KRS Chapter 424 and shall mail by certified mail to each affected property owner a notice of determination to proceed with the project, the fair basis of assessment to be utilized, the estimated cost to the property owner, and the ratio the cost to each property owner bears to the total cost of the entire project.

(KRS 9lA.260)

 

 

' 33.16 AFFECTED OWNER MAY CONTEST.

 

(A) Within 30 days of the mailing of the notice provided for in ' 33.15, any affected property owner may file an action in the circuit court of the county, contesting the undertaking of the project by special assessment, the inclusion of his property in the improvement, or the amount of his assessment. If the action contests the undertaking of the improvement by the special assessment method of the inclusion of the property of that property owner, no further action on the improvement insofar as it relates to any property owner who is a plaintiff shall be taken until the final judgment has been entered.

 

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(B) The city may proceed with the improvement with respect to any properties whose owners have not filed or joined in an action as provided in this section or who have contested only the amounts of their assessments, and the provisions of the resolution are final and binding with respect to such property owners except as to contested amounts of assessments. After the lapse of time as herein provided, all actions by owners of properties are forever barred.

(KRS 9lA.270)

 

 

' 33.17 WHEN CITY MAY PROCEED; ASSESSMENT CONSTITUTES LIEN.

 

(A) After the passage of time for the action provided for in ' 33.16, or after favorable final judgment in any such action, whichever comes later, the city may proceed with the improvement or part thereof stayed by the action, including notice requiring payment of special assessment or installment thereon and bonds or other method proposed to finance the improvement. The first installment may be apportioned so that other payments will coincide with payment of ad valorem taxes.

 

(B) The amount of any outstanding assessment orinstallments thereof on any property, and accrued interest and other charges, constitutes a lien on the property to secure payment to the bondholders or any other source of financing of the improvement. The lien takes precedence over all other liens, whether created prior to or subsequent to the publication of the ordinance, except a lien for state and county taxes, general municipal taxes, and prior improvement taxes, and is not defeated or postponed by any private or judicial sale, by any mortgage, or by any error or mistake in the description of the property or in the names of the owners. No error in the proceedings of the Council shall exempt any benefited property from the lien for the improvement assessment, or from payment thereof, or from the penalties or interest thereon, as herein provided.

(KRS 9lA.280)

 

 

' 33.18 EFFECT OF ADDITIONAL PROPERTY OR CHANGE IN FINANCING.

 

The city may undertake any further proceedings to carry out the improvement or any extension or refinancing thereof, except that '' 33.13 through 33.17 applies if additional property is included in the improvement or if change is made in the method or period of financing; but additional property may be included in the improvement with the consent of the owner thereof without compliance with other sections if it does not increase the cost apportioned to any other property, or any other change may be made without such compliance if all property owners of the improvement consent.

(KRS 9lA.290)

 

 

 

PURCHASING PROCEDURES

 

 

' 33.30 ADOPTION OF MODEL PROCUREMENT CODE.

 

(A) City Council hereby adopts by reference, as if fully rewritten herein, KRS 45A.345 through KRS 45A.460, inclusive, and all subsequent amendments to be promulgated by the General Assembly of the Commonwealth of Kentucky.

 

 

 

 

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(B) This shall be known as the Model Procurement Code for the city and a copy of this Ordinance, along with a copy of KRS 45A.345 through KRS 45A.460, inclusive, is available for public inspection at the office of the City Clerk during normal business hours.

(Ord. 2002-04, passed 4‑2‑02; Am. Ord. 2003-11, passed 7-22-03)

 

 

 

' 33.99 PENALTIES.

 

(A) Any person, partnership or corporation who shall violate any portion of the code adopted in ' 33.30 shall be subject to the same fine and penalty and proscribed by the applicable section of the Model Procurement Code found in the Kentucky Revised statutes, to the extent permitted by law.

 

(B) All other violations by any person, partnership or corporation shall be subject to a fine of not more than five hundred dollars ($500.00) and imprisonment for not more than twelve (12) months in the county jail, or both, at the discretion of the Court.

(Ord. 2002-04, passed 4‑2‑02)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CHAPTER 34: PUBLIC RECORDS

 

 

Section

 

General

 

34.01 Definitions

 

Procedures for Requesting Public Records

 

34.05 Initial request with immediate inspection

34.06 Referral to proper custodian

34.07 Public records not immediately available

34.08 Refusal of unreasonable requests

34.09 Time limitation; denial of inspection

34.10 Concealing or destroying records prohibited

34.11 Access to records relating to particular individual

34.12 Public records protected from disclosure

 

GENERAL

 

' 34.01 DEFINITIONS.

 

For purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.

 

CITY. The city government of this city.

 

CUSTODIAN. The official custodian or any authorized person having personal custody and control of public records. The CUSTODIAN having personal custody of most of the public records of this city is the City Clerk/Treasurer.

 

OFFICIAL CUSTODIAN. The chief administrative officer or any other officer or employee of a public agency who is responsible for the maintenance, care, and keeping of public records, regardless of whether the records are in his actual personal custody and control. The OFFICIAL CUSTODIAN

of this city shall be the Mayor.

 

PERSON. A human being who makes a request for inspection of public records.

 

PUBLIC AGENCY. Every city officer; every city government department, division, bureau, board, commission, authority, every city commission board, commission, committee and officer; every city governing body council, school district board, special district board, and municipal corporation; every city government agency including the policy making board of an institution of education created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act; any body created by city authority in any branch of government; any body which derives twenty‑five percent (25%) of its funds expended by it in the state from state or local authority funds; any entity in which the majority of its governing body is appointed by a public agency as defined in this section, or by a member or employee of such a public agency or any combination thereof; any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council or agency, except for a committee of a hospital medical staff, established, created and controlled by a PUBLIC AGENCY as defined in this

 

 

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subsection; and any interagency body of two (2) or more public agencies in which each public agency is defined in this subsection.

(KRS 61.870)

 

PUBLIC RECORDS. All books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, or other documentary materials regardless of physical form or characteristics, which are prepared, owned, used, in the possession of, or retained by a public agency. PUBLIC RECORDS shall not include any records owned or maintained by a body referred to in subsection (1) (h) of KRS 61.870 and that are not related to functions, activities, programs, or operations funded by state or local authority nor any records that have been excluded by ' 34.12.

 

REASONABLE FEE or FEE. The fair payment required by a public agency for making copies of non exempt public records requested for noncommercial purposes which shall not exceed the actual cost of reproduction, including the costs of the media and any mechanical processing cost incurred by the public agency, but not including the cost of staff. If a public agency is asked to produce a record in a nonstandardized format, or to tailor the format to meet the request of an individual or a group, the public agency may at its discretion provide the requested format and recover staff costs as well as any actual costs incurred.

 

REQUEST. An oral petition by any person or, at the option of the custodian, the completion of a written application that clearly states the specific public record or records that are desired for inspection or duplication.

(KRS 61.870)

 

SOFTWARE. The program code which makes a computer system function, but does not include that portion of the program code which contains public records exempted from inspection as provided by KRS 61.878 or specific addresses of files, passwords, access codes, user identifications, or any other mechanism for controlling the security or restricting access to public records in the public agency's computer system. SOFTWARE consists of the operating system, application programs, procedures, routines, and subroutines such as translators and utility programs, but does not include that material which is prohibited from disclosure or copying by a license agreement between a public agency and an outside entity which supplied the material to the agency.

(KRS 61.870)

 

 

PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

' 34.05 INITIAL REQUEST WITH IMMEDIATE INSPECTION.

 

(A) As defined in ' 34.01, and subject to the limitations set forth in ' 34.12, any person desiring to inspect or copy the public records of this city shall make a request or complete a written application for such records at the office of the City Clerk/Treasurer during regular office hours except during legal holidays. This application shall be hand delivered, mailed, or sent via facsimile to the City Clerk/Treasurer.

(KRS 61.872(2))

 

(B) If the custodian determines that a person's request is in compliance with the open records law and the requested records are immediately available, the custodian shall deliver the records for inspection. Suitable facilities shall be made available in the office of the City Clerk/Treasurer for the

 

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inspection. No person shall remove original copies of public records from the offices of any public agency without the written permission of the official custodian of the record. (KRS 61.872(1))

 

(C) The applicant shall have the right to make abstracts of the public records and to obtain copies of all written public records. When copies are requested, the custodian may require a written request and advance payment of the prescribed fee as defined in ' 34.01.

(KRS 61.872(3))

 

(D) The applicant shall have the right to make abstracts of the public records and to obtain copies of all written public records. When copies are requested, the custodian may require a written request and advance payment of the prescribed fee as defined in ' 34.01.

(KRS 61.874 (1))

 

(E) Nonexempt public records used for noncommercial purposes shall be available for copying in either standard electronic or standard hard copy format, as designated by the party requesting the records, where the agency currently maintains the records in electronic format. Nonexempt public records used for noncommercial purposes shall be copied in standard hard copy format where agencies currently maintain records in hard copy format. Agencies are not required to convert hard copy format records to electronic formats.

 

(F) The minimum standard format in paper form shall be defined as not less than 82 inches x 11 inches in at least one (1) color on white paper, or for electronic format, in a flat file electronic American Standard Code for Information Interchange (ASCII) format. If the public agency maintains electronic public records in a format other than ASCII, and this format conforms to the requestor's requirements, the public records may be provided in this alternate electronic format for standard fees as specified by the public agency. Any request for a public record in a form other than the forms described in this section shall be considered a nonstandardized request.

(KRS 61.874(2)(b))

 

(G) Unless an enactment of the General Assembly prohibits the disclosure of public records to persons who intend to use them for commercial purposes, if copies of nonexempt public records are requested for commercial purposes, the public agency may establish a reasonable fee. The public agency from which copies of nonexempt public records are requested for a commercial purpose may require a certified statement from the requestor stating the commercial purpose for which they shall be used, and may require the requestor to enter into a contract with the agency. The contract shall permit use of the public records for the stated commercial purpose for a specified fee. The fee may be based on the cost to the public agency of media, mechanical processing and staff required to produce a copy of the public record or records or the cost to the public agency of the creation purchase, or the acquisition of the public records.

(KRS 61.874 (4))

 

(H) It shall be unlawful for a person to obtain a copy of any part of a public record for a:

 

(1) Commercial purpose, without stating the commercial purpose, if a certified statement from the requestor was required by the public agency pursuant to subsection (G) of this section: or

 

(2) Commercial purpose, if the person uses or knowingly allows the use of the public record for a different commercial purpose; or

 

 

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(3) Noncommercial purpose, if the person uses or knowingly allows the use of the public

record for a commercial purpose. A newspaper, periodical, radio or television station shall not be held to have used or knowingly allowed the use of the public record for a commercial purpose merely because of its publication or broadcast, unless it has also given its express permission for that commercial use.

(KRS 61.874 (5))

 

(I) Online access to public records in electronic form, as provided under this section, may be provided and made available at the discretion of the public agency. If a party wishes to access public records by electronic means and the public agency agrees to provide online access, a public agency may require that the party enter into a contract, license, or other agreement with the agency, and may charge fees for these agreements. Fees shall not exceed:

 

(1) The cost of physical connection to the system and reasonable cost of computer time access charges;

 

(2) If the records are requested for a commercial purpose, a reasonable fee based on the factors set forth in subsection (G).

(KRS 61.874(6))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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' 34.06 REFERRAL TO PROPER CUSTODIAN.

 

If the City Clerk/Treasurer does not have custody or control of the public record or records requested, the City Clerk/Treasurer shall so notify the applicant and shall furnish the name and location of the custodian of the public record, if such facts are known to him or her.

(KRS 61.872(4))

 

 

' 34.07 PUBLIC RECORDS NOT IMMEDIATELY AVAILABLE.

 

If the public record is in active use, in storage, or not otherwise available, the official custodian shall immediately so notify the applicant and shall designate a place, time, and date for inspection of the public records, not to exceed three days (excepting Saturdays, Sundays, and legal holidays) from receipt of the application, unless a detailed explanation of the cause is given for further delay and the place, time, and earliest date on which the public record will be available for inspection or duplication.

(KRS 61.872(5))

 

 

' 34.08 REFUSAL OF UNREASONABLE REQUESTS.

 

If the application places an unreasonable burden in producing public records, or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records or mail copies thereof. However, refusal under this section must be sustained by clear and convincing evidence.

(KRS 61.872(6))

 

 

' 34.09 TIME LIMITATION; DENIAL OF INSPECTION.

 

(A) The official custodian, upon any request for records made under this chapter, shall determine within three days, excepting Saturdays, Sundays, and legal holidays, after the receipt of any request whether to comply with the request and shall notify in writing the person making the request within the three‑day period of its decision. Any agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or under this authority and shall constitute final agency action.

 

(B) If the requesting party wants the Attorney General to review the denial of a request for inspection of a public record, he or she shall proceed under the provisions of KRS 61.880 and 61.882. Upon the Attorney General=s request, the agency will provide additional documentation.

 

(C) If upon request by the person seeking inspection, the Attorney General reviews the denial and issues a written opinion upholding, in whole or in part, the request for inspection, the requesting party may institute appeal proceedings within 30 days for injunctive or declaratory relief in the circuit court. In addition, if the Attorney General disallows the request, or if the city continues to withhold the record notwithstanding the Attorney General=s opinion, and the person seeking disclosure institutes proceedings in circuit court, the city shall notify the Attorney General of such action. (KRS 61.880, 61.882)

 

 

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' 34.10 CONCEALING OR DESTROYING RECORDS PROHIBITED.

 

No official or employee of the city shall willfully conceal or destroy any record with the intent to violate the provisions of this chapter or these rules and regulations.

 

 

' 34.11 ACCESS TO RECORDS RELATING TO PARTICULAR INDIVIDUAL.

 

Any person shall have access to any public record relating to him or her or in which he or she is mentioned by name, upon presentation of appropriate identification, subject to the provisions of this chapter. (KRS 61.884)

 

 

' 34.12 PUBLIC RECORDS PROTECTED FROM DISCLOSURE.

 

(A) The following public records are excluded from the application of this chapter and these rules and regulations, and shall be subject to inspection only upon order of a court of competent jurisdiction, except that no court shall authorize the inspection by any party of any materials pertaining to civil litigation beyond that which is provided by the Rules of Civil Procedure governing pretrial discovery:

 

(1) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.

 

(2) Records confidentially disclosed to an agency and compiled and maintained for scientific research. This exemption shall not, however, apply to records the disclosure or publication of which is directed by other statute.

 

(3) Records confidentially disclosed to an agency, generally recognized as confidential or proprietary, which if opened would permit an unfair commercial advantage to competitors of the entity that disclosed the records to the agency, and which records are compiled and maintained (a) in conjunction with an application for a loan; (b) in conjunction with the regulation of commercial enterprise, including mineral exploration records, unpatented, secret commercially valuable plans, appliances, formulae, or processes, which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person; or (c) for the grant or review of a license to do business. This exemption shall not, however, apply to records the disclosure or publication of which is directed by other statutes.

 

(4) Public records pertaining to a prospective location of a business or industry where no previous public disclosure has been made of the business= or industry=s interest in locating in, relocating within, or expanding within the Commonwealth. This exemption shall not include those records pertaining to applications to agencies for permits or licenses necessary to do business or to expand business operations within the state, except as provided in division (A)(3) above.

 

(5) The contents of real estate appraisals or engineering or feasibility estimates and evaluations made by or for a public agency relative to the acquisition of property, until such time as all of the property has been acquired. The law of eminent domain shall not be affected by this provision.

 

(6) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination before the exam is given or if it is to be given again.

 

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Public Records 31

 

 

(7) Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations, if the disclosure of the information would harm the agency by revealing the identity of informants not otherwise known or by premature release of information to be used in a prospective law enforcement action or administrative adjudication. Unless exempted by other provisions of this chapter, public records exempted under this provision shall be open after enforcement action is completed or a decision is made to take no action. The exemptions provided by this subdivision shall not be used by the custodian of the records to delay or impede the exercise of rights granted by this chapter.

 

(8) (a) Public records the disclosure of which would have a reasonable likelihood of threatening the public safety by exposing a vulnerability in preventing, protecting against, mitigating, or responding to a terrorist act and limited to:

 

1. Criticality lists resulting from consequence assessments;

 

2. Vulnerability assessments;

 

3. Antiterrorism protective measures and plans;

 

4. Security and response needs assessments;

 

5. Infrastructure records that expose a vulnerability referred to in this division through the disclosure of the location, configuration, or security of critical systems, including public utility critical systems. These critical systems shall include but not be limited to information technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage and gas systems.

 

6. The following records when their disclosure will expose a vulnerability referred to in this division: detailed drawings, schematics, maps, or specifications of structural elements, floor plans, and operating, utility or security systems of any building or facility owned, occupied, leased or maintained by a public agency; and

 

7. Records when their disclosure will expose a vulnerability referred to in this division and that describe the exact physical location of hazardous chemical, radiological, or biological materials.

 

(b) As used in this division, TERRORIST ACT means a criminal act intended to:

 

1. Intimidate or coerce a public agency or all or part of the civilian population;

 

2. Disrupt a system identified in division (a)5.; or

 

3. Cause massive destruction to a building or facility owned, occupied, leased, or maintained by a public agency.

 

(c) On the same day that a public agency denies a request to inspect a public record for a reason identified in this division, that public agency shall forward a copy of the written denial of the request, referred to in KRS 61.880(1), to the executive director of the office for Security Coordination and the Attorney General;

 

 

 

 

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32 Russellville - Administration

 

 

(d) Nothing in this division shall affect the obligations of a public agency with respect to disclosure and availability of public records under state environmental, health, and safety programs;

 

(e) The exemption established in this division shall not apply when a member of the Kentucky General Assembly seeks to inspect a public record identified in this division under the Open Records Law.

 

(9) Public or private records, including books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, having historic, literary, artistic, or commemorative value accepted by the archivist of a public university, museum, or government depository from a donor or depositor other than a public agency. This exemption shall apply to the extent that nondisclosure is requested in writing by the donor or depositor of such records, but shall not apply to records the disclosure or publication of which is mandated by another statute or by federal law.

 

(10) Preliminary drafts, notes, or correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency.

 

(11) Preliminary recommendations and preliminary memoranda in which opinions are expressed or policies formulated or recommended.

 

(12) All public records or information the disclosure of which is prohibited by federal law or regulation.

 

(13) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.

 

(B) No exemption under this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person. In addition, if any public record contains material which is not excepted under this section, the city shall separate the excepted and make the nonexcepted material available for examination, subject to the possible applicability of ' 34.08.

 

(C) The provisions of this section shall in no way prohibit or limit the exchange of public records or the sharing of information between public agencies when the exchange is serving a legitimate governmental need or is necessary in the performance of a legitimate government function.

 

(D) No exemption under this section shall be construed to deny, abridge, or impede the right of a municipal employee, an applicant for employment, or an eligible person on an employment register to inspect and copy any record, including preliminary and other supporting documentation, that relates to that person. The records shall include, but not be limited to work plans, job performance, demotions, evaluations, promotions, compensation, classification, reallocation, transfers, layoffs, disciplinary actions, examination scores, and preliminary and other supporting documentation. A municipal employee, applicant, or eligible person on an employment register shall not have the right to inspect or copy any examination or any documents relating to ongoing criminal or administrative investigations by an agency.

(KRS 61.878)

 

 

 

 

 

2009 S-13

 

 

 

 

 

 

CHAPTER 34A: PUBLIC MEETINGS

 

 

Section

 

General

 

34A.01 Definitions

 

Public Meeting Requirements

 

34A.05 Meetings open to the public

34A.06 Requirements for closed sessions

34A.07 Public meeting schedules

34A.08 Special meetings

34A.09 Video teleconferences

34A.10 Enforcement

 

 

 

GENERAL

 

 

' 34A.01 DEFINITIONS.

 

For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.

 

ACTION TAKEN. A collective decision, a commitment or promise to make a positive or negative decision, or an actual vote by a majority of the members of the governmental body.

(KRS 61.805(3))

 

MEETING. All gatherings of every kind, regardless of where the meeting is held, and whether regular or special and informational or casual gatherings held in anticipation of or in conjunction with a regular or special meeting.

(KRS 61.805(1))

 

MEMBER. A member of the governing body of a public agency. MEMBER does not include employees or licensees of the agency.

(KRS 61.805(4))

 

PUBLIC AGENCY. Every city government board, commission, and authority; every city council and council board, commission and committee; every school district board, special district board, and municipal corporation; every city government agency, including the policy‑making board of an institution of education created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act; any body created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act in the legislative or executive branch of

 

 

32-1

 

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32‑2 Russellville‑ Administration

 

 

government; any entity when the majority of its governing body is appointed by a PUBLIC AGENCY, as defined by this section; a member or employee of a PUBLIC AGENCY, a state or local officer, or any combination thereof; any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council or agency, except for a committee of a hospital medical staff or a committee formed for the purpose of evaluating the qualifications of public agency employees, established, created or controlled by a PUBLIC AGENCY as defined in this section; an interagency body of two or more public agencies where each PUBLIC AGENCY is defined in this section.

(KRS 61.805(2))

 

VIDEO TELECONFERENCE. One meeting, occurring in two or more locations, where individuals can see and hear each other by means of video and audio equipment.

(KRS 61.805(5))

 

 

 

PUBLIC MEETING REQUIREMENTS

 

 

' 34A.05 MEETINGS OPEN TO THE PUBLIC.

 

(A) All meetings of a quorum of the members of any public agency at which any public business is discussed or at which any action is taken by the agency, shall be public meetings, open to the public at all times, except for the following:

 

(1) Deliberations on the future acquisition or sale of real property by a public agency, but only when publicity would be likely to affect the value of a specific piece of property to be acquired for public use or sold by a public agency;

 

(2) Discussions of proposed or pending litigation against or on behalf of the public agency;

 

(3) Collective bargaining negotiations between public employers and their employees or their representatives;

 

(4) Discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual employee, member, or student without restricting that employee=s, member=s or student=s right to a public hearing if requested. This exception shall not be interpreted to permit discussion of general personnel matters in secret;

 

(5) Discussions between a public agency and a representative of a business entity and discussions concerning a specific proposal, if open discussions would jeopardize the siting, retention, expansion, or upgrading of the business;

 

(6) Local cabinet meetings and executive cabinet meetings;

 

(7) Deliberations of quasi‑judicial bodies regarding individual adjudications or appointments, at which neither the person involved, his representatives, nor any other individual not a member of the agency=s governing body or staff is present, but not including any meetings of planning commissions, zoning commissions, or boards of adjustment;

 

 

 

 

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Public Meetings 32-3

 

 

(8) That portion of a meeting devoted to a discussion of a specific public record exempted from disclosure under KRS 61.878(1)(i). However, that portion of any public agency meeting shall not be closed to a member of the Kentucky General Assembly;

 

(9) Meetings which federal or state law specifically require to be conducted in privacy; and

 

(10) Meetings which the Constitution provides shall be held in secret.

 

(B) Any series of less than quorum meetings, where the members attending one or more of the meetings collectively constitute at least a quorum of the members of the public agency and where the meetings are held for the purpose of avoiding the requirements of division (A) of this section, shall be subject to the requirements of division (A) of this section. Nothing in this division (B) shall be construed to prohibit discussion between individual members where the purpose of the discussions is to educate the members on specific issues.

(KRS 61.810)

 

 

' 34A.06 REQUIREMENTS FOR CLOSED SESSIONS.

 

(A) The following requirements shall be met as a condition for conducting closed sessions by those public agencies authorized by ' 34A.05(A)(1) and (4) except as (4) relates to students:

 

(1) Notice shall be given in regular open meetings of the general nature of the business to be discussed in closed session, the reason for the closed session, and the specific provision of ' 34A.05 authorizing the closed session;

 

(2) Closed sessions may be held only after a motion is made and carried by a majority vote in open, public session;

 

(3) No final action may be taken in closed session; and

 

(4) No matters may be discussed at a closed session other than those publicly announced prior to convening the closed session.

 

(B) Public agencies and activities identified in divisions (A)(2), (3) and (4), but only so far as division (A)(4) relates to students, (5), (6), (7), (8),(9) and (10) are excluded from the requirements of division (A) of this section.

(KRS 61.815)

 

 

' 34A.07 PUBLIC MEETING SCHEDULES.

 

All meetings of a public agency shall be held at specified times and places which are convenient to the public, and all public agencies shall provide for a schedule of regular meetings by ordinance, order, resolution, by laws or by whatever other means may be required for the conduct of business of the public agency. The schedule of regular meetings shall be made available to the public.

(KRS 61.820)

 

 

 

 

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32-4 Russellville - Administration

 

 

' 34A.08 SPECIAL MEETINGS.

 

(A) Except as provided by division (B) below, the following requirements shall govern special meetings of public agencies:

 

(1) The presiding officer or a majority of the members of the public agency may call a special meeting;

 

(2) The public agency shall provide written notice of the special meeting containing the date, time, place of the special meeting and the agenda. Discussions and action at the meeting shall be limited to items listed on the agenda in the notice.

 

(3) As soon as possible, written notice shall be delivered personally, transmitted by facsimile, or mailed to every member of the public agency as well as each media organization which has filed a written request, including a mailing address, to receive notice of special meetings. The

notice shall be received at least 24 hours before the special meeting. The public agency may periodically, but no more often than once in a calendar year, inform media organizations that they will have to submit a new written request or no longer receive written notice of special meetings until a new written request is filed.

 

(4) A public agency may satisfy the requirements of division (A)(3) above by transmitting the written notice by electronic mail to public agency members and media organizations that have filed a written request with the public agency indicating their preference to receive electronic mail notification in lieu of notice by personal delivery, facsimile machine, or mail. The written request shall include the electronic mail address or addresses of the agency member or media organization.

 

(5) As soon as possible, written notice shall also be posted in a conspicuous place in the building where the special meeting will take place and in a conspicuous place in the building which houses the headquarters of the agency. The notice shall be posted at least twenty‑four (24) hours before the special meeting.

 

(B) In the case of an emergency which prevents compliance with the notice requirements in this section, this subsection shall govern a public agency's conduct of a special meeting. The special meeting shall be called pursuant to division (A)(1) of this section. The public agency shall make a reasonable effort, under emergency circumstances, to notify the members of the agency, media organizations which have filed a written request pursuant to this section, and the public of the emergency meeting. At the beginning of the emergency meeting, the person chairing the meeting shall briefly describe for the record the emergency circumstances preventing compliance with the notice requirements of this section. These comments shall appear in the minutes. Discussion and action at the emergency meeting shall be limited to the emergency for which the meeting is called.

(KRS 61.823)

 

 

' 34A.09 VIDEO TELECONFERENCES.

 

(A) A public agency may conduct any meeting, other than a closed session, through video teleconference.

 

(B) Notice of a video teleconference shall comply with the requirements of KRS 61.820 or 61.823 as appropriate, in addition the notice of a video teleconference shall:

 

 

 

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Public Meetings 32-5

 

 

(1) Clearly state that the meeting will be a video teleconference; and

 

(2) Precisely identify the video teleconference locations as well as which, if any, location is primary.

 

(C) The same procedure with regard to participation, distribution of materials, and other matters shall apply in all video teleconference locations.

 

(D) Any interruption in the video or audio broadcast of a video teleconference at any location shall result in the suspension of the video teleconference until the broadcast is restored.

(KRS 61.826)

 

 

' 34A.10 ENFORCEMENT.

 

Chapter 34A shall be enforced pursuant to the provisions of KRS 61.846 and 61.848 for enforcing KRS 61.805 to 61.850.

Cross‑reference:

Rules of Procedures, see '' 32.20 through 32.22

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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32‑6 Russellville ‑ Administration

 

 

 

 

 

 

 

CHAPTER 35: DEPARTMENTS, BOARDS, AND COMMISSIONS

 

 

Section

 

Beautification Commission

 

35.01 Purpose

35.02 Power and duties

35.03 Other enabling legislation

35.04 Assumption of obligations

35.05 Membership; terms

 

Arts and Humanities Council

 

35.10 Definitions

35.11 Establishment; purpose

35.12 Composition; appointment; compensation; term

35.13 Meetings

35.14 Council authority; duties; conflicts of interest

35.15 Coordination with existing organizations

35.16 Participation; volunteers

35.17 Conduct; compliance with ordinances required

35.18 Reports; evaluation

35.19 City facilities to be furnished; arts fund established

 

City‑County Commission on Human Rights

 

35.20 Policy

35.21 Definitions

35.22 Establishment; appointment of members; terms

35.23 Election of officers

35.24 Functions

35.25 Powers and duties

35.26 Cooperation of departments

35.27 Open records

35.28 Budget reports

35.29 Relationship with various state and local agencies

 

Fire Department

 

35.40 Establishment

35.41 Fire Chief

 

Police Department

 

35.50 Establishment

 

 

 

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35.51 Police Chief; police officers

35.52 Carrying concealed deadly weapons

35.53 Use of lights on police vehicles authorized

 

Property Maintenance Code Appeals Board

 

35.60 Establishment

 

Barren River Board of Ethics

 

35.70 Establishment

 

Tree Board

 

35.80 Establishment

 

Code Enforcement Board

 

35.90 Definitions

35.91 Creation and membership

35.92 Powers

35.93 Appointment of members; term of office; removal from office; oath; and compensation

35.94 Conflict of interest

35.95 Jurisdiction

35.96 Powers of the Code Enforcement Board

35.97 Enforcement proceedings

35.98 Hearing; notice; and final order

35.99 Legal counsel

35.100 Appeals; final judgment

35.101 Ordinance fine schedule

35.102 Lien; fines; charges and fees

35.103 Receipt of fines, and expenditures from line item

 

 

BEAUTIFICATION COMMISSION

 

 

' 35.01 PURPOSE.

 

The purpose of the Beautification Commission shall be to develop a comprehensive beautification program for the city and its environs. This Commission is further charged with the administration of the beautification program and the ultimate achievement of its stated goals. The Commission will act as a clearing house for assisting property owners by providing all available information and any available technical assistance pertaining to the implementation of the beautification program and will initiate independent activities in the administration of the program. The Beautification Commission will promote the development of an incentive for public, residential, and commercial property owners in order that they may participate individually in the beautification of all structures, properties, and the conservation of the natural resources in the community.

(Ord. 78‑1, passed 1‑3‑78)

 

 

 

 

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Departments, Boards and Commissions 34‑1

 

 

' 35.02 POWER AND DUTIES.

 

(A) The Beautification Commission is granted the authority and responsibility of developing the comprehensive beautification program within the city with such general powers and authorities as may be necessary in carrying out the functions of this operation are hereby granted to the Commission.

 

(B) The powers and duties set forth in this subchapter are based upon police power of the city, upon which it inherently has the right to control matters of public health and interest, it being a matter of common knowledge that beautifying the community is a matter that involves the general health and welfare of the community.

(Ord. 78‑1, passed 1‑3‑78)

 

' 35.03 OTHER ENABLING LEGISLATION.

 

Any further enabling legislation as may be required to properly operate, finance, and maintain a

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Departments, Boards and Commissions 35

 

 

beautification program for the community will be enacted after due consideration and at the proper time.

(Ord. 78‑1, passed 1‑3‑78)

 

 

' 35.04 ASSUMPTION OF OBLIGATIONS.

 

The Beautification Commission shall assume all the obligations and responsibilities of this subchapter at the earliest possible date.

(Ord. 78‑1, passed 1‑3‑78)

 

 

' 35.05 MEMBERSHIP; TERMS.

 

(A) The Beautification Commission shall be composed of a total membership of seven (7) persons representative of the community.

 

(B) Those persons appointed by the Mayor shall be confined and ratified as regular members of the Beautification Commission. Each member of the Commission shall serve a four‑year term, which shall commence January 3. Prior to the expiration of the four‑year term, the Mayor will appoint seven persons to serve the next four‑year term. These seven persons will be selected from a list of 12 persons recommended by the preceding Beautification Commission.

(Ord. 78‑1, passed 1‑3‑78)

 

 

 

ARTS AND HUMANITIES COUNCIL

 

 

' 35.10 DEFINITIONS.

 

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

 

CITY COUNCIL. The City Council of the City of Russellville.

 

COMMISSIONER or COMMISSIONERS. The person or those persons appointed as members of the Council.

 

CONFLICT OF INTEREST. The existence of any of the following conditions which apply to a Council member:

 

(1) An Arts Council member has a material or financial interest in the proposal or the proposal materially affects such member=s business, profession or occupation; or

 

(2) An Arts Council member is a director, trustee, officer, regular or contracted employee or agent of an institution directly involved in the issue or proposal; or

 

(3) An Arts Council member is related as a spouse, child, parent or has some other significant relationship to an individual directly affected by the issue or proposal.

 

COUNCIL. The Russellville Public Arts Council.

 

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36 Russellville ‑ Administration

 

 

THE ARTS. All aspects of activities that involve: music, theater, dance, performance, cinema, documentation, sculpture, painting, poetry, literature, folk traditions or fine crafts that involve a quality of aesthetic judgment and execution that will best contribute to the quality of life for citizens of the City of Russellville, and Logan County.

 

THE RUSSELLVILLE PUBLIC ARTS FUND. A non‑profit corporation acting in conjunction with the City of Russellville and the Council in furtherance of funding arts projects.

(Ord. 99‑13, passed 9‑7‑99; Am. Ord. 2007-04, passed 4-17-07)

 

 

' 35.11 ESTABLISHMENT; PURPOSE.

 

(A) There is hereby created the Russellville Arts and Humanities Council for the City of Russellville (hereinafter also referred to as the AArts Council@).

 

(B) The purpose of the Russellville Public Arts Council is to promote public appreciation, accessibility, and patronage of the arts in the city.

(Ord. 99‑13, passed 9‑7‑99; Am. Ord. 2007-04, passed 4-17-07)

 

 

' 35.12 COMPOSITION; APPOINTMENT; COMPENSATION; TERM.

 

(A) The membership of the Arts Council shall consist of 11 members who shall be appointed by the Mayor, with the approval of the City Council.

 

(B) An Arts Council member shall serve without compensation.

 

(C) The original term of an Arts Council member shall be for one year, the original term for two Arts Council members shall be for two years, and the original term for three Arts Council members shall be three years. Subsequent terms of Arts Council members shall be three years, and all terms will expire on December 31 of the appropriate year. No Arts Council member shall serve more than two consecutive terms. When a vacancy occurs in said Council, by means of resignation, death, removal from the community or removal for failure to perform the duties of an Arts Council member, the vacancy will be filled for the unexpired term in the manner provided for original appointments.

(Ord. 99‑13, passed 9‑7‑99; Am. Ord. 2007-04, passed 4-17-07)

 

 

' 35.13 MEETINGS.

 

(A) The Council shall meet monthly upon a regular schedule adopted by it, and may meet additionally at the call of the Chairperson or of any two members. The Council shall call such meetings, hearings, and conferences as may be needed to effectuate the purposes and policies of this subchapter. Such meetings and notices thereof shall comply with applicable law, including all applicable laws of the State of Kentucky concerning open meetings.

 

(B) The Council shall, at its first meeting in January of each year, elect officers according to established bylaws. No person shall serve more than two consecutive terms as Chairperson or Vice Chairperson. The Arts Council shall also elect a person, who may or may not be a member of the Arts Council, who shall serve the Arts Council to the Mayor and City Council.

 

 

 

 

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(1) Chairperson: The Chairperson will preside and maintain order at Arts Council meetings and will make such reports as required by law and as may be deemed necessary by the Arts Council to the Mayor and City Council.

 

(2) Vice Chairperson: The Vice Chairperson will fulfill the duties if the Chairperson in the absence of the Chair including the calling of Council meetings and assist the Chairperson with administrative meetings.

 

(3) Secretary: The Secretary will assist the Chairperson and Vice Chairperson in the administrative duties of the Arts Council. The Secretary will be responsible for the preparation of the minutes of the Arts Council.

 

(4) Treasurer: The Treasurer will oversee and be responsible for the management of the financial affairs of the Council.

(Ord. 99‑13, passed 9‑7‑99; Am. Ord. 2007-04, passed 4-17-07)

Cross‑reference:

Public meetings, see Ch. 34A

 

 

' 35.14 COUNCIL AUTHORITY; DUTIES; CONFLICTS OF INTEREST.

 

(A) The Arts Council shall have the following authority:

 

(1) To recommend to the Mayor and City Council a public arts plan for the city. The Council shall develop a public arts plan for the entire city. The plan shall be subject to the approval of the Mayor and City Council. Thereafter, this plan shall be periodically updated, but in no event less than annually. The plan shall include, but not be limited to, the following: a listing of long‑term objectives of the Council in carrying out its purpose as stated above; criteria for the selection of artists and works of art; a list of locations throughout the city for the placement of works of arts; and current list of priorities for the funding of various arts organizations and projects throughout the city.

 

(2) To recommend to the Mayor and City Council methods of location and selection of artisans, performance and artful activity, funded directly or indirectly by the city.

 

(3) To recommend to the Mayor and City Council for funding, where applicable, arts organizations or projects to be funded in whole or in part by the city.

 

(4) To recommend to the Mayor and City Council criteria for the selection of artful activity.

 

(5) To serve as consultant on art projects for the city.

 

(6) To assist the city in raising funds from public and private sources for funding arts projects in the city.

 

(7) To report to the Mayor and City Council at least annually and as needed on the activities of the Council and the projects that it has recommended.

 

(B) Duties. The Arts and Humanities Council shall encourage the development of art, literature, ballets, theatricals, musicals, choral, societies, children's theatricals and plays, creativity and other humanities in the city. The Council shall hold public meetings, collect information and recommendations, and make reports and recommendations from time to time to the City Council.

 

 

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The Council shall study the availability of facilities of all kinds of relating to arts and humanities, including but not limited to libraries, museums, art galleries and theaters, both publicly owned and owned by nonprofit corporations, and shall recommend methods of coordinating such facilities and the activities in such facilities. The Council shall also encourage individual creativity, by recognition of individual creative achievements and by recommendations on facilities and supplies to be furnished by public bodies, nonprofit organizations and by business.

 

(C) If a member of the Council has a conflict of interest with regard to any applicant or proposal, that conflict is to be declared when the applicant or proposal is first discussed. When a conflict of interest occurs, the Arts Council member shall refrain from voting on the applicant or proposal and shall refrain from taking part in any discussion of the proposal with the Arts Council or with any member thereof.

(Ord. 99‑13, passed 9‑7‑99; Am. Ord. 2007-04, passed 4-17-07)

Cross‑reference:

Code of ethics, conflicts of interest, see '' 39.10, 39.11

 

 

' 35.15 COORDINATION WITH EXISTING ORGANIZATIONS.

 

The Arts and Humanities Council shall communicate with all existing nonprofit organizations interested in arts and humanities in the city, in order to coordinate the work of the Council with work that is being done within the community and in order to avoid or reduce duplication, where possible.

(Ord. 99‑13, passed 9‑7‑99; Am. Ord. 2007-04, passed 4-17-07)

 

 

' 35.16 PARTICIPATION; VOLUNTEERS.

 

(A) The Council shall encourage participation by school children, by minorities as well as majorities, by persons with disabilities, as well as the able bodied, by sight or hearing impaired persons, as well as those in full possession of their facilities in so much as such participation is possible. The Council shall see to it that as many events as possible shall be held in places of easy access to persons with disabilities. They shall also give suitable awards when funds or awards are available to encourage participation by all citizens.

 

(B) The Council shall encourage those citizens capable and willing to help in such programs, and shall see to it that honorable mention is awarded such person or persons. The Council shall welcome participation by suitable volunteers.

(Ord. 99‑13, passed 9‑7‑99; Am. Ord. 2007-04, passed 4-17-07)

 

 

' 35.17 CONDUCT; COMPLIANCE WITH ORDINANCES REQUIRED.

 

(A) Any meetings, plays, theatricals, outdoor or indoor affairs shall be conducted in an orderly manner, and if necessary the police department shall delegate a policeman to help maintain order.

 

(B) Any event sponsored by the Council shall be, if held in buildings, arenas or the like, in compliance with city ordinances on fire safety, number in attendance and any other applicable ordinances. Other events sponsored by the Council shall also comply with all applicable ordinances.

(Ord. 99‑13, passed 9‑7‑99; Am. Ord. 2007-14, passed 4-17-07)

 

 

 

 

2009 S‑13

 

Departments, Boards and Commissions 36‑3

 

 

' 35.18 REPORTS; EVALUATION.

 

(A) The Council shall report quarterly or as needed to the City Council. The report shall be in writing but it may be accompanied by visual or oral presentation or by other media.

 

(B) The City Council may evaluate the work of the Council at least once a year. At the end of each annual evaluation, the City Council may determine whether the Council shall continue as established, continue with changes or be abolished.

(Ord. 99‑13, passed 9‑7‑99; Am. Ord. 2007-14, passed 4-17-07)

 

 

' 35.19 CITY FACILITIES TO BE FURNISHED; ARTS FUND ESTABLISHED.

 

(A) The city shall provide, at the expense of the city, meeting rooms, stationery, postage and limited secretarial help, within the amounts available under the city budget.

 

(B) A special fund shall be established by the city for the purpose of collecting and retaining funds from public and private sources for arts projects. The general tax levy of the city shall not be a revenue source for this special fund.

(Ord. 99‑13, passed 9‑7‑99; Am. Ord. 2007-14, passed 4-17-07)

 

 

 

CITY‑COUNTY COMMISSION ON HUMAN RIGHTS

 

 

' 35.20 POLICY.

 

It is the public policy of the city and county to promote fair treatment and equal opportunity for all persons regardless of race, color, religion, national origin, sex, or age.

(Ord. 86‑2, passed 2‑18‑86)

 

 

' 35.21 DEFINITIONS.

 

For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

COMMISSION. The City‑County Commission on Human Rights.

 

COMMISSIONER. A member of the Commission.

 

DISCRIMINATION. Any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice or differentiation or preference in the treatment of a person because of race, color, religion, national origin, sex, or age.

(Ord. 86‑2, passed 2‑18‑86)

 

 

 

 

 

 

 

2009 S‑13

 

36‑4 Russellville ‑ Administration

 

 

' 35.22 ESTABLISHMENT; APPOINTMENT OF MEMBERS; TERMS.

 

(A) There is hereby created a City‑County Commission on Human Rights, the members of which shall be appointed on a nonpartisan basis and shall be broadly representative of employers, proprietors, businesses, human rights groups, and the general public.

 

(B) Effective January 1, 2008, the number of members constituting the Commission shall be nine, with five members appointed by the County Judge Executive, with the approval of Fiscal Court; and four members appointed by the Mayor of the City of Russellville, with the approval of City Council.

 

(C) (1) Effective January 1, 2008, the County Judge Executive shall appoint two members to serve a term of two years, and three members to serve a term of three years. The Mayor of the City of Russellville shall appoint two members to serve a term of two years, and two members to serve a term of three years.

 

(2) Each member of the Commission shall continue to be a member of the Commission upon the expiration of his or her term in office unless and until his or her successor is duly appointed.

 

(3) Any member appointed may be removed for cause by the appointing authority from such office by action of the County Judge Executive, with the approval of Fiscal Court, or by action of the Mayor, with the approval of the City Council of such city.

 

(4) A member of the City‑County Commission on Human Rights is eligible for reappointment.

 

(5) No more than one elected city official and one elected county official shall be a member of the Commission at any one time.

 

(D) The members shall serve without compensation.

(Ord. 86‑2, passed 2‑18‑86; Am. Ord. 2007-15, passed 9-11-07)

Statutory reference:

Local human rights commissions, see KRS 344.310

 

 

' 35.23 ELECTION OF OFFICERS.

 

The City‑County Commission on Human Rights shall elect a Chairperson and Vice‑Chairperson, a Secretary‑Treasurer, and such other officers as it deems necessary. The Chairperson of the City‑County Commission on Human Rights shall appoint such committees as the Commission may deem necessary in order to carry out its functions.

(Ord. 86‑2, passed 2‑18‑86)

 

 

' 35.24 FUNCTIONS.

 

(A) The City‑County Commission on Human Rights shall encourage fair treatment and equal opportunity for all persons regardless of race, color, religion, national origin, sex, or age and shall promote mutual understanding and respect among all economic, social, racial, religious, sex, age, and ethnic groups, and shall endeavor to eliminate discrimination against, and antagonism between religious, racial, sex, age, and ethnic groups and their members.

 

 

2009 S-13

 

Departments, Boards and Commissions 36‑5

 

 

 

(B) The City‑County Commission on Human Rights may make recommendations as to enforcement of ordinances forbidding discrimination.

(Ord. 86‑2, passed 2‑18‑86)

 

 

' 35.25 POWERS AND DUTIES.

 

In performing its functions, the City‑County Commission on Human Rights shall have the following powers and duties:

 

(A) Conduct or arrange for research projects and studies into, and publish reports on discrimination and progress in equal opportunity in the community, within the limits of funds made available;

 

(B) Accept gifts or bequests, grants, or other payments, public or private, to help finance its activities, and deliver to the county and city at least quarterly reports, showing all receipts and expenditures and such other documentation as may be required by the county or city.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2009 S‑13

 

36‑6 Russellville ‑ Administration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Departments, Boards and Commissions 37

 

 

(C) Refer matters to appropriate authorities;

 

(D) Recommend methods for elimination of discrimination and intergroup tensions, and use its best efforts to secure compliance with its recommendations;

 

(E) Refer complaints of discrimination to the Kentucky Commission on Human Rights where full legal remedies, including back pay and damages for embarrassment and humiliation, may be obtained. The Commission members and staff shall assist in filing such complaints;

 

(F) Cooperate with the various departments, agencies, and boards of the county and city and of the Commonwealth in effectuating the purposes of this subchapter;

 

(G) Enlist the support of civic, labor, religious, professional, and educational organizations and institutions in community activities and programs that will further the goals of this subchapter;

 

(H) Organize community committees and councils that work toward the goals of this subchapter;

 

(I) Recommend legislation to the county or city legislative bodies and modes of executive action to the County Judge Executive and Mayor that will effectuate the purposes of this subchapter; and

 

(J) Submit an annual report of its activities and of the progress and problems in intergroup relations in the community to the County Judge Executive and Mayor and their legislative bodies.

(Ord. 86‑2, passed 2‑18‑86; Am. Ord. 2007-15, passed 9-11-07)

 

 

' 35.26 COOPERATION OF DEPARTMENTS.

 

The services of all other county and city departments, agencies, and boards may be made available to the City‑County Commission on Human Rights upon its request.

(Ord. 86‑2, passed 2‑18‑86)

 

 

' 35.27 OPEN RECORDS.

 

Open records in the possession of any county or city department, agency or board shall be furnished to the City‑County Commission on Human Rights upon its request, and to the extent permitted by law.

(Ord. 86‑2, passed 2‑18‑86)

Cross‑reference:

Open records, see Ch. 34A

 

 

' 35.28 BUDGET REPORTS.

 

The City‑County Commission on Human Rights shall adopt a budget for expenditures within the limits of all funds made available. The Secretary‑Treasurer shall make the financial reports required by this subchapter.

(Ord. 86‑2, passed 2‑18‑86)

 

 

 

2009 S-13

 

38 Russellville ‑ Administration

 

 

' 35.29 RELATIONSHIP WITH VARIOUS STATE AND LOCAL AGENCIES.

 

(A) The City‑County Commission on Human Rights shall cooperate with the State Commission on Human Rights wherever possible to effectuate compliance with state laws, and when requested shall act in an advisory capacity to the State Commission on Human Rights. The City‑County Commission on Human Rights is authorized to enter into cooperative working agreements with the State Commission on Human Rights whenever enforceable ordinances forbidding discrimination are enacted which are in conformity with state law.

 

(B) The City‑County Commission on Human Rights shall cooperate in implementing the responsibilities of the county and city for fair housing and equal opportunity as required by Community Development Block Grant funding and other programs of the Department of Housing and Urban Development.

(Ord. 86‑2, passed 2‑18‑86)

 

 

FIRE DEPARTMENT

 

 

' 35.40 ESTABLISHMENT.

 

A Fire Department is hereby established in the city.

 

 

' 35.41 FIRE CHIEF.

 

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

 

(B) Subject to the executive authority of the city and the rules and regulations promulgated by the firefighters and approved by the Mayor, 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.

 

 

 

POLICE DEPARTMENT

 

 

' 35.50 ESTABLISHMENT.

 

There is hereby established a Police Department in the city.

 

 

' 35.51 POLICE CHIEF; POLICE OFFICERS.

 

(A) The Police Department shall consist of a Chief of Police and regular police officers.

 

(B) The position of Police Chief is hereby established and created.

 

 

2009 S-13 Repl.

 

Departments, Boards and Commissions 39

 

 

(C) The Police Chief and all police officers shall be appointed by the Mayor at will, and may be removed by the Mayor at will, except as otherwise provided by statute, ordinance, or contract.

 

(D) No person shall be appointed or act as the Police Chief or as a police officer unless such person has taken the oath required by Section 228 of the Constitution of the Commonwealth of Kentucky, and conditioned upon the performance of the duties specified herein and with the qualifications set forth in division (E) below.

 

(E) Training and experience shall consist of any combination of education, training, and experience which provides the necessary knowledge, skills, and abilities to perform effectively in the duties of the position. Any officer appointed or employed on or after July 14, 1992, shall be at least 21 years of age and be a high school graduate or have received a general equivalency diploma (G.E.D.)

 

(F) Subject to the executive authority of the city, the Chief of Police shall be responsible for the organization and operation of the Police Department of the city, and he shall supervise, direct, and control the equipment and personnel thereof as peace officers of the city and state in the enforcement of all statutes, laws, and ordinances.

 

(G) The compensation of the Police Chief and all police officers shall be in an amount to be established by City Council by ordinance.

 

 

' 35.52 CARRYING CONCEALED DEADLY WEAPONS.

 

(A) All members of the Police Department who carry deadly weapons on or about their persons in their regularly scheduled duties as police officers for the city, may carry concealed deadly weapons on or about their persons at all times within the Commonwealth of Kentucky.

 

(B) Deadly weapons that may be carried by members of the Police Department within the Commonwealth of Kentucky are those weapons that are usually carried by such officers in performing their duties while on regularly scheduled shift of duty for the city.

(Ord. 70‑8, passed 12‑22‑70)

Statutory reference:

Carrying of concealed weapons by police officers, see KRS 527.020(3)

 

 

' 35.53 USE OF LIGHTS ON POLICE VEHICLES AUTHORIZED.

 

The use of combined red and blue flashing, rotating or oscillating lights on police vehicles owned or operated by the City of Russellville is hereby authorized and approved.

(Ord. 91‑6, passed 9‑17‑91)

 

 

 

PROPERTY MAINTENANCE CODE APPEALS BOARD

 

 

' 35.60 ESTABLISHMENT.

 

For provisions concerning the Property Maintenance Code Appeals Board, see ' 150.22.

 

1993 S‑4

 

40 Russellville ‑ Administration

 

 

BARREN RIVER BOARD OF ETHICS

 

 

' 35.70 ESTABLISHMENT.

 

For provisions concerning the Barren River Board of Ethics, see Ch. 39.

 

 

TREE BOARD

 

 

' 35.80 ESTABLISHMENT.

 

For provisions concerning the City Tree Board, see Ch. 99.

 

 

CODE ENFORCEMENT BOARD

 

' 35.90 DEFINITIONS.

 

The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

CODE ENFORCEMENT BOARD. An administrative body created and acting under the authority of the Local Government Code Enforcement Board Act.

 

CODE ENFORCEMENT OFFICER. A city police officer, safety officer, citation officer, or other public law enforcement officer with authority to issue a citation.

 

ORDINANCE. An official action of a local government body, which is a regulation of a general and permanent nature and enforceable as a local law and shall include any provision of a code of ordinances adopted by the city legislative body which embodies all or part of an ordinance.

(Ord. 2000‑02, passed 2‑8‑00)

 

 

' 35.91 CREATION AND MEMBERSHIP.

 

There is hereby created pursuant to KRS 65.8801 to KRS 65.8839 within the city, a Code Enforcement Board which shall be composed of seven (7) members, all of whom shall be residents of the city for a period of at least one (1) year prior to the creation of the board and shall reside there throughout the term in office.

(Ord. 2000‑02, passed 2‑8‑00)

 

 

' 35.92 POWERS.

 

(A) The Code Enforcement Board shall have the power to issue remedial orders and impose civil fines as a method of enforcing city ordinances when a violation of the ordinance has been classified as a civil offense.

 

 

 

2001 S‑10

 

Departments, Boards and Commissions 40‑1

 

 

(B) The Code Enforcement Board shall not have the authority to enforce any ordinance the violation of which constitutes an offense under any provision of the Kentucky Revised Statutes, including specifically, any provision of the Kentucky Penal Code and any moving motor vehicle offense.

(Ord. 2000‑02, passed 2‑8‑00)

 

 

' 35.93 APPOINTMENT OF MEMBERS; TERM OF OFFICE; REMOVAL FROM OFFICE; OATH; AND COMPENSATION.

 

(A) Members of the Code Enforcement Board shall be appointed by the executive authority of the city, subject to the approval of the legislative body, Russellville City Council.

 

(B) The initial appointment to the Code Enforcement Board shall be as follows:

 

(1) Two members appointed to a one-year term.

 

(2) Three members appointed to a two-year term.

 

(3) Two members appointed to a three-year term.

 

(C) The executive authority may appoint, subject to the approval of the legislative body, two alternate members to serve on the Code Enforcement Board in the absence of regular members. Alternate members shall meet all of the qualifications and shall be subject to all of the requirements that apply to regular members of the Code Enforcement Board.

 

(D) Any vacancy on the board shall be filled by the executive authority, subject to approval of the legislative body within 60 days of the vacancy. If the vacancy is not filled within that time period, the remaining Code Board members shall fill the vacancy.

 

(E) (1) A Code Board member may be removed from office by the executive authority for misconduct, inefficiency, or willful neglect of duty. The executive authority must submit a written statement to the member and legislative body setting forth the reasons for removal.

 

(2) Should any member of the Code Enforcement Board fail to attend three or more consecutive regular and/or special called meetings of the Code Enforcement Board, such failure to attend such meetings shall be prima facie evidence of neglect of duty sufficient for the removal of such Board member in accordance with KRS 65.8811.

 

(3) Any member of the Code Enforcement Board who is absent from a meeting due to sickness or death in the immediate family shall be excused from attending a Board meeting.

 

(F) All members of the Code Enforcement Board must, before entering upon the duties of their office, take the oath of office prescribed by Section 228 of the Kentucky Constitution.

 

(G) No member of the Code Enforcement Board may hold any elected or nonelected office, paid or unpaid, or any position of employment with the city.

 

(H) (1) Board members shall be paid $25 for each regular and special-called meeting of the Code Enforcement Board, so long as the Board member was in attendance for such meeting.

 

 

 

2009 S-13

 

40-2 Russellville - Administration

 

 

(2) The City Clerk shall cause payment of compensation to be made out of the line item account created for the Code Enforcement Board.

(Ord. 2000‑02, passed 2‑8‑00; Am. Ord. 2005-02, passed 2-8-05)

 

 

' 35.94 CONFLICT OF INTEREST.

 

Any member of the Code Enforcement Board who has any direct or indirect financial or personal interest in any matter to be decided, shall disclose the nature of the interest and shall disqualify himself or herself from voting on the matter in which he or she has an interest and shall not be counted for purposes of establishing a quorum.

(Ord. 2000‑02, passed 2‑8‑00)

 

 

' 35.95 JURISDICTION.

 

The Code Enforcement Board shall have jurisdiction to enforce and shall enforce those city ordinances and code provisions which specifically provide for code board enforcement.

(Ord. 2000‑02, passed 2‑8‑00)

 

 

' 35.96 POWERS OF THE CODE ENFORCEMENT BOARD.

 

The City of Russellville Code Enforcement Board shall have the following powers and duties:

 

(A) To adopt rules and regulations to govern its operations and the conduct of its hearings.

 

(B) To conduct hearings to determine if there has been a violation of an ordinance over which it has jurisdiction.

 

(C) To subpoena alleged violators, witnesses and evidence to its hearings. Subpoena issued by the Code Enforcement Board may be served by any Code Enforcement Officer.

 

(D) To take testimony under oath. The chairman shall have the authority to administer oaths for the purpose of taking testimony.

 

(E) To make findings of fact and issue orders necessary to remedy any violation of a city ordinance or code provision which the board is authorized to enforce.

 

(F) To impose civil fines, as authorized, on any person found to have violated an ordinance over which the board has jurisdiction.

(Ord. 2000‑02, passed 2‑8‑00)

 

 

' 35.97 ENFORCEMENT PROCEEDINGS.

 

The following requirements shall govern all enforcement proceedings before the board.

 

(A) Enforcement proceedings before the Code Enforcement Board shall only be initiated by the issuance of a citation by a Code Enforcement Officer.

 

 

 

2009 S-13

 

Departments, Boards and Commissions 40‑2.1

 

 

(B) Except as provided in division (C) below, if a Code Enforcement Officer believe based on his or her personal observation or investigation, that a person has violated a city ordinance he or she shall issue a notice of violation to the offender allowing the offender a specified period of time to remedy the violation without fine. If the offender fails or refuses to remedy the violation with the time specified, the Code Enforcement Officer is authorized to issue a citation.

 

(C) Nothing in this ordinance shall prohibit the city form taking immediate action to remedy a violation of its ordinances when there is reason to believe that the violation presents a serious threat to the public health, safety, and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2009 S‑13

 

40-2.2 Russellville - Administration

 

Departments, Boards and Commissions 40‑3

 

 

(D) The citation issued by the Code Enforcement Officer shall contain the following information:

 

(1) The date and time of issuance;

 

(2) The name and address of the person to whom the citation is issued;

 

(3) The date and time the offense was committed;

 

(4) The facts constituting the offense;

 

(5) The section of the code or the number of the ordinance violated;

 

(6) The name of the Code Enforcement Officer;

 

(7) The civil fine that will be imposed for the violation if the person does not contest the citation;

 

(8) The maximum civil fine that may be imposed if the person elects to contest the citation;

 

(9) The procedure for the person to follow in order to pay the civil fine or to contest the citation; and

 

(10) A statement that if the person fails to pay the civil fine set forth in the citation or contest the citation, within the time allowed, the person shall be deemed to have waived the right to a hearing before the Code Enforcement Board to contest the citation and that the determination that the violation was committed shall be final.

 

(E) After issuing a citation to an alleged violator, the Code Enforcement Officer shall notify the Code Enforcement Board by delivering the citation to the chairperson.

 

(F) The person to whom the citation is issued shall respond to the citation within seven (7) days of the date of issuance by either paying the civil fine or requesting, in writing, a hearing before the Code Enforcement Board to contest the citation. If the person fails to respond to the citation within seven (7) days, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final.

 

(G) If the alleged violator does not contest the citation within the time prescribed, the Code Enforcement Board shall enter a final order determining that the violation was committed and impose the civil fine set forth in the citation. A copy of the final order shall be served on the person guilty of the violation.

(Ord. 2000‑02, passed 2‑8‑00)

 

 

' 35.98 HEARING; NOTICE; AND FINAL ORDER.

 

(A) When a hearing has been requested, the Code Enforcement Board shall schedule a hearing.

 

2001 S‑10

 

40‑4 Russellville ‑ Administration

 

 

(B) Not less than seven (7) days before the date of the hearing, the Code Enforcement Board shall notify the requestor of the date, time, and place of the hearing. The notice may be given by certified mail, return receipt requested; by personal delivery; or by leaving the notice at the person's usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice.

 

(C) Any person requesting a hearing before the Code Enforcement Board who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation and the determination that a violation was committed shall be final. The Code Enforcement Board shall enter a final order determining the violation was committed and shall impose the civil fine set forth in the citation. A copy of the final order shall be served upon the person guilty of the violation.

 

(D) All testimony shall be taken under oath and recorded. Testimony shall be taken from the Code Enforcement Officer, the alleged violator, and any witnesses to the violation offered by the Code Enforcement Officer or alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

 

(E) The Code Enforcement Board shall, based on the evidence, determine whether a violation was committed. If it determines that no violation was committed, an order dismissing the citation shall be entered. If it determines that a violation was committed, an order dismissing the citation shall be entered.

If it determines that a violation was committed, an order shall be issued upholding the citation and either imposing a fine up to the maximum authorized by this or other ordinance or requiring the offender to remedy a continuing violation, or both.

 

(F) Every final order of the Code Enforcement Board shall be reduced to writing, which shall include the date the order was issued. A copy shall be furnished to the person named in the citation. If the person named in the citation is not present when the final order is issued, the order shall be delivered in accordance with the procedures set forth in subsection (b) above.

(Ord. 2000‑02, passed 2‑8‑00)

 

 

' 35.99 LEGAL COUNSEL.

 

Each case before the Code Enforcement Board shall be presented by an attorney selected by the city or by a Code Enforcement Officer for the city. The City Attorney may either be counsel to the Code Enforcement Board or may present cases before the Code Enforcement Board, but in no case serve in both capacities.

(Ord. 2000‑02, passed 2‑8‑00)

 

 

' 35.100 APPEALS; FINAL JUDGMENT.

 

(A) An appeal from any final order of the Code Enforcement Board may be made to the Logan District Court within thirty (30) days of the date the order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the Code Enforcement Board's order in the same manner as any civil action under the Kentucky Rules of Civil Procedure.

 

(B) If no appeal from a final order of the Code Enforcement Board is filed within the time period set in subsection (A) above, the Code Enforcement Board's order shall be deemed final for all purposes.

(Ord. 2000‑02, passed 2‑8‑00)

 

2001 S‑10

 

Departments, Boards and Commissions 40‑5

 

 

' 35.101 ORDINANCE FINE SCHEDULE.

 

Violations of ordinances that are enforced by the city Code Enforcement Board shall be subject to the following schedule of civil fines:

 

(A) If a citation for a violation of an ordinance is not contested by the person charged with the violation, the penalties set forth in this division shall apply; however, the board may waive all or any portion of a penalty for an uncontested violation, if in its discretion, the board determines that such waiver will promote compliance with the ordinance in issue.

 

Each day

constitutes

Violation of a separate

City Ordinance Violation 1st Offense 2nd Offense All Others

 

Animals running at large) and noise

(Ord. 79‑12)

 

*

 

$ 25.00

 

$ 50.00

 

$100.00

 

Vicious animals (Ord. 88‑7)

 

*

 

$100.00

 

$175.00

 

$250.00

 

Property maintenance (Ord. 94‑9)

 

*

 

$ 25.00

 

$ 50.00

 

$100.00

 

Unsafe/unfit structure (Ord. 94‑9)

 

*

 

$100.00

 

$175.00

 

$250.00

 

Garbage, refuse and litter (Ord. 85‑15)

 

*

 

$ 10.00

 

$ 25.00

 

$ 50.00

 

Weeds and grass (Ord. 85‑12, 92.03)

 

*

 

$ 10.00

 

$ 25.00

 

$ 50.00

 

Junk, scrap metal and motor vehicles

(Ord. 92.03)

 

*

 

$ 25.00

 

$ 50.00

 

$100.00

 

Other nuisances listed below

(Ord, 94‑9, 92.03):

 

Dangerous trees and stacks

 

*

 

$ 10.00

 

$ 25.00

 

$ 50.00

 

Open wells

 

*

 

$ 10.00

 

$ 25.00

 

$ 50.00

 

Stagnant water

 

*

 

$ 10.00

 

$ 25.00

 

$ 50.00

 

Obstructing trees and shrubs

 

*

 

$ 10.00

 

$ 25.00

 

$ 50.00

 

Streets, walks, drainage

 

*

 

$ 10.00

 

$ 25.00

 

$ 50.00

 

Unsanitary keeping of animals/odors

 

*

 

$ 10.00

 

$ 25.00

 

$ 50.00

 

Sidewalks not in good repair

(Ord. 91.07)

 

*

 

$ 25.00

 

$ 50.00

 

$100.00

 

 

 

 

 

2003 S-11

 

40‑6 Russellville ‑ Administration

 

 

Each day

constitutes

Violation of a separate

City Ordinance Violation 1st Offense 2nd Offense All Others

 

Sound amplifiers/noise

(Ord. 98.04, 98.05)

 

 

 

$ 10.00

 

$ 25.00

 

$ 50.00

 

Occupational License Fee non‑compliance (Ord 72‑1)

 

 

 

$ 25.00

 

$ 50.00

 

$100.00

 

Alcoholic beverage license fees on receipts (Ord. 83‑6)

 

 

 

$ 50.00

 

$100.00

 

$200.00

 

(B) If a citation is contested and a hearing before the code board is required the following maximum penalties may be imposed at the discretion of the code board.

 

Each day

constitutes

Violation of a separate

City Ordinance Violation 1st Offense 2nd Offense All Others

 

Animals running at large and noise

(Ord. 79‑12)

 

*

 

$ 50.00

 

$100.00

 

$200.00

 

Vicious animals (Ord. 88‑7)

 

*

 

$200.00

 

$350.00

 

$500.00

 

Property maintenance (Ord. 94‑9)

 

*

 

$ 50.00

 

$100.00

 

$200.00

 

Unsafe/unfit structure (Ord, 94‑9)

 

 

 

$200.00

 

$350.00

 

$500.00

 

Garbage, refuse and litter (Ord. 85‑15)

 

*

 

$ 25.00

 

$ 50.00

 

$100.00

 

Weeds and grass (Ord. 85‑12, 92.03)

 

*

 

$ 25.00

 

$ 50.00

 

$100.00

 

Junk, scrap metal and motor vehicles

(Ord. 92.03)

 

*

 

$ 50.00

 

$100.00

 

$200.00

 

Other nuisances listed below

(Ord. 94‑9, 92.03):

 

Dangerous trees and stacks

 

*

 

$ 25.00

 

$ 50.00

 

$100.00

 

Open wells

 

*

 

$ 25.00

 

$ 50.00

 

$100.00

 

Stagnant water

 

*

 

$ 25.00

 

$ 50.00

 

$100.00

 

Obstructing trees and shrubs

 

*

 

$ 25.00

 

$ 50.00

 

$100.00

 

Streets, walks, drainage

 

 

 

$ 25.00

 

$ 50.00

 

$100.00

 

 

 

2003 S-11

 

Departments, Boards and Commissions 40‑7

 

 

Each day

constitutes

Violation of a separate

City Ordinance Violation 1st Offense 2nd Offense All Others

 

Unsanitary keeping of animals/odors

 

*

 

$ 25.00

 

$ 50.00

 

$100.00

 

Sidewalks not in good repair

(Ord. 91‑07)

 

*

 

$ 50.00

 

$100.00

 

$200.00

 

Sound amplifiers/noise:

(Ord. 98.04, 98.05)

 

 

 

$ 25.00

 

$ 50.00

 

$100.00

 

Occupational License Fee

non‑compliance (Ord. 72‑1)

 

 

 

$ 50.00

 

$ 75.00

 

$100.00

 

Alcoholic beverage license fees on receipts (Ord. 83‑6)

 

 

 

$100.00

 

$200.00

 

$400.00

(Ord. 2000‑02, passed 2‑8‑00; Am. Ord. 2001‑05, passed 6‑5‑01)

 

 

' 35.102 LIEN; FINES, CHARGES AND FEES.

 

(A) The city shall possess a lien on property owned by the person found by a final, non-appealable order of the Code Enforcement Board, or by a final judgment of the court, to have committed a violation of a city ordinance for all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance.

 

(B) The lien shall be recorded in the office of the county clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest until paid.

 

(C) The lien shall take precedence over all other subsequent liens, except state, county, school board, and city taxes, and may be enforced by judicial proceedings.

 

(D) In addition to the remedy prescribed in division (A), the person found to have committed the violation shall be personally responsible for the amount of all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.

(Ord. 2000‑02, passed 2‑8‑00)

 

 

' 35.103 RECEIPT OF FINES, AND EXPENDITURES FROM LINE ITEM.

 

(A) Legislative intent for this section. The purpose for the line item account is to give back to the citizens of the city fines paid by violators of the city=s ordinances. These fines are unbudgeted revenues, and should be used for unbudgeted projects in furtherance of the continued maintenance and beautification of city properties. The fine monies may also be used by the Board for one-time appropriations for special projects within a city department, such as Parks and Recreation, for goods or services which may benefit the citizens of the City of Russellville. These expenditures shall be

 

 

 

2009 S-13

 

40‑8 Russellville ‑ Administration

 

 

made with the discretion of the Code Enforcement Board. The expenses incurred in enforcing the city=s ordinances are normal, budgeted administrative expenses, and are not subject to payment out of this line item.

 

(B) Creation of new line item account.

 

(1) The city shall establish a new line item within its general fund for Code Enforcement Board revenues and expenditures.

 

(2) Retroactive to July 1, 2003, payment of fines by violators shall be credited to the line item of Code Enforcement Board revenues and expenditures.

 

(3) The Code Enforcement Board may make recommendations to the City Council for expenditures from this line item for expenditures in furtherance of the continued maintenance of city properties and/or for beautification of city properties. Such recommendations may be in conjunction with matching grant funds, or in combination with other contributions made by public or private funds.

 

(4) For the purposes of this section, Aproperties@ shall include city easements and right-of-ways.

 

(5) All recommendations made by the Code Enforcement Board for expenditures shall be approved by a quorum of the Board.

 

(6) All fines previously imposed by the Code Enforcement Board, and that have been collected since July 1, 2003, and placed into the city=s general fund shall be transferred to this line item account of the general fund of the city.

(Ord. 2004-03, passed 5-4-04; Am. Ord. 2006-18, passed 12-5-06)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2009 S-13

 

CHAPTER 36: PERSONNEL CLASSIFICATION PLAN AND PAY PLAN

 

 

Section

 

36.01 Adoption by reference

 

 

' 36.01 ADOPTION BY REFERENCE.

 

The personnel classification plan, dated April 6, 1982, and personnel pay plan dated April 6, 1982, and all subsequent amendments thereto, are hereby adopted for the city and are incorporated herein by reference and made a part of the permanent records of the city. A copy of the Plans shall be placed on file in the office of the City Clerk/Treasurer and shall be available for public inspection.

(Ord. 82‑8, passed 4‑6‑82; Am. Ord. 87‑1, passed 1‑20‑87; Am. Ord. 88‑8, passed 8‑16‑88; Am. Ord. 89‑3, passed 4‑4‑89; Am. Ord. 89‑18, passed 12‑28‑89; Am. Ord. ‑ , passed 9‑18‑90; Am. Ord. 91‑2, passed 4‑2‑91; Am. Ord. 91‑7, passed 9‑17‑91; Am. Ord. 92‑4, passed 5‑5‑92; Am. Ord. 92‑10, passed 7‑21‑92; Am. Ord. 92‑11, passed 8‑4‑92; Am. Ord. 92‑12, passed 9‑8‑92; Am. Ord. 92‑14, passed 9‑8‑92; Am. Ord. 93‑4, passed 6‑8‑93; Am. Ord. 93‑7, passed 6‑22‑93; Am. Ord. 93‑10, passed 8‑17‑93; Am. Ord. 94‑3, passed 6‑7‑94; Am. Ord. 94‑6, passed 6‑21‑94; Am. Ord. 94‑10, passed 11‑8‑94; Am. Ord. 97‑3, passed 3‑4‑97; Am. Ord. 97‑6, passed 7‑22‑97; Am. Ord. 97‑7, passed 8‑5‑97; Am. Ord. 97‑8, passed 8‑5‑97; Am. Ord. 97‑11, passed 9‑2‑97; Am. Ord. 98‑9, passed 7‑7‑98; Am. Ord. 98‑10, passed 7‑21‑98; Am. Ord. 98‑11, passed 8‑18‑98; Am. Ord 98‑19, passed 12‑8‑98; Am. Ord. 98‑23, passed 1‑5‑99; Am. Ord. 98‑24, passed 1‑5‑99; Am. Ord. 99‑2, passed 3‑16‑99; Am. Ord. 2003-05, passed 4-8-03; Am. Ord. 2003-21, passed12-2-03)

Cross‑reference:

Personnel Policies and Procedures, T.S.O. IX

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2004 S‑12 41

 

42 Russellville ‑ Administration

 

 

 

 

 

 

 

CHAPTER 37: TAXATION

 

 

Section

 

37.01 County assessment adopted

37.02 Due date; payment

37.03 Delinquency

37.04 Ad valorem taxes

37.05 Disposition of funds

 

 

' 37.01 COUNTY ASSESSMENT ADOPTED.

 

(A) Pursuant to the authority granted in KRS 132.285, the city hereby adopts the annual Logan County assessment for all real and personal property situated within the city as the basis of all ad valorem tax levies ordered or approved by the City Council.

 

(B) The assessment as finally determined for county tax purposes shall serve as the basis for all city levies for the fiscal year commencing after the assessment date.

 

(C) There is hereby levied an annual valorem tax per each one hundred dollars ($100) assessed valuation of all taxable real property within the jurisdiction, and an annual ad valorem tax per each one hundred dollars ($100) assessed valuation on all taxable tangible personal property within the jurisdiction. (Ord. 88‑10, passed 9‑6‑88)

 

 

' 37.02 DUE DATE; PAYMENT.

 

(A) All taxes, except ad valorem taxes, shall become due on November 1.

 

(B) Any taxpayer who pays his or her city taxes before October 31 after they become due shall be entitled to a 2% discount thereon, and the Clerk shall allow the discount and give a receipt in full to the taxpayer.

 

 

' 37.03 DELINQUENCY.

 

(A) All city taxes, except ad valorem taxes, shall become delinquent on January 1 following their due dates.

 

(B) Any taxes not paid by the date when they become delinquent shall be subject to a penalty of 6% and interest of 6% per annum on the taxes due and unpaid. The delinquent taxpayer shall also pay all costs and expenses incidental to any action taken by the city for collection of the delinquent tax bill.

 

(C) Delinquent taxes shall be collectable under the provisions of the state law relating to the collection of delinquent taxes by cities of the fourth class.

 

 

43

2009 S-13 Repl.

 

44 Russellville ‑ Administration

 

 

' 37.04 AD VALOREM TAXES.

 

(A) Motor Vehicles

 

(1) There is hereby levied an ad valorem tax of twenty‑two cents ($0.22) for every one hundred dollars ($100) of the assessed valuation of motor vehicles having a taxable situs in the city as of January 1, 2008, and for each year thereafter as listed in the Tax Assessment Ledger compiled by the Property Valuation Administrator of Logan County.

 

(2) All monies collected from the tax levied in this section shall be paid into the General Fund of the city to be used for the payment of proper expenditures as determined by the City Council.

 

(3) In accordance with KRS 132.487 and 134.800 the aforesaid tax shall be assessed under a centralized tax system, and collected by the Clerk of Logan County. It is further provided that for the collection of this tax on behalf of the city, the Clerk of the County shall be paid 4% of monies collected on vehicle taxes. KRS 134.815 shall govern payment to the city by the Clerk.

(Ord. 88‑11, passed 9‑6‑88; Am. Ord. 89‑15, passed 8‑29‑89; Am. Ord. 90‑15, passed 11‑12‑90; Am. Ord. 91‑9, passed 9‑24‑91; Am. Ord. 92‑17, passed 10‑7‑92; Am. Ord. 93‑13, passed 9‑21‑93; Am. Ord. 94‑11, passed 11‑22‑94; Am. Ord. 95‑16, passed 10‑3‑95; Am. Ord. 96‑11, passed 10‑8‑96; Am. Ord. 97‑13, passed 9‑29‑97; Am. Ord. 98‑14, passed 10‑20‑98; Am. Ord. 99‑16, passed 10‑7‑99; Am. Ord. 2000‑14, passed 10‑10‑00; Am. Ord. 2001‑15, passed 9‑25‑01; Am. Ord. 2003-13, passed 10-14-02; Am. Ord. 2003-15, passed10-14-03; Am. Ord. 2004‑13, passed 9‑23‑04; Am. Ord. 2005‑16, passed 9‑20‑05; Am. Ord. 2006-16, passed 9‑19‑06; Am. Ord. 2007‑17, passed 9‑18‑07; Am. Ord. 2008‑16, passed 9‑18‑08)

 

(B) Real Property. There is levied for the year 2008 an ad valorem tax of twenty-five and five-tenths cents ($0.255) per one hundred dollars ($100) assessed valuation of all taxable real property within the jurisdiction, and an ad valorem tax of thirty-two and nine-tenths ($0.329) per one hundred dollars ($100) assessed valuation on all taxable tangible personal property within the jurisdiction.

 

(C) Public service corporations. There is hereby levied the following tax rates on the assessed value of all public service corporations as certified by the Kentucky Department of Revenue, as being located and/or doing business within the corporate limits of the city, as of January 1, 2008.

 

RATE PER $100.00

DESCRIPTION ASSESSED VALUE

 

(a) Franchise - Real Estate: $0.255

 

(b) Franchise - Personal Property $0.329

 

(D) Penalty and interest. Any taxes remaining unpaid on the first day of the month following that in which they become due and payable shall be deemed delinquent and shall bear interest at the rate of 6% per annum from the due date until paid; a penalty of 6% per annum on the taxes so delinquent shall also be paid.

(Ord. 91‑8, passed 9‑24‑91; Am. Ord. 92‑16, passed 10‑7‑92; Am. Ord. 93‑12, passed 9‑21‑93; Am. Ord. 95‑1, passed 3‑7‑95; Am. Ord. 95‑18, passed 11‑7‑95; Am. Ord. 96‑12, passed 10‑22‑96; Am. Ord. 96‑15, passed 11‑7‑96; Am. Ord. 97‑14, passed 9‑29‑97; Am. Ord. 98‑13, passed 10‑20‑98; Am. Ord. 98‑16, passed 11‑3‑98; Am. Ord. 99‑15, passed 10‑7‑99; Am. Ord. 2000‑13, passed 10‑10‑00; Am. Ord. 2001‑14, passed 9‑25‑01; Am. Ord. 2002-12, passed10-14-02; Am. Ord. 2003-14, passed 10-14-03; Am. Ord. 2004‑12, passed 9‑23‑04; Am. Ord. 2005-15, passed 9‑20‑05; Am. Ord. 2006-15, passed 9‑19‑06; Am. Ord. 2007-16, passed 9‑18‑07; Am. Ord. 2008-15, passed 9‑18‑08)

 

2009 S‑13

 

 

 

 

 

 

CHAPTER 38: CITY POLICIES

 

 

Section

 

 

Discrimination on Basis of Persons with Disabilities

Status; Grievance Procedure

 

38.01 Grievance procedures adopted

38.02 Administration

38.03 Compliance with additional regulations

 

 

DISCRIMINATION ON BASIS OF PERSONS WITH DISABILITIES

STATUS; GRIEVANCE PROCEDURE

 

 

' 38.01 GRIEVANCE PROCEDURES ADOPTED.

 

The procedures attached to Ord. 85‑3, passed 5‑7‑85, and any subsequent amendments thereto, are hereby adopted by reference as if fully set forth in this code and shall be the grievance procedures for anyone who believes he has been discriminated against by the city, based on persons with disabilities status with respect to federally funded programs. A copy of these procedures shall be maintained on file in the office of the City Clerk and shall be available for public inspection during normal office hours.

(Ord. 85‑3, passed 5‑7‑85)

 

 

' 38.02 ADMINISTRATION.

 

The administration of these procedures and related federal and state regulations shall be the responsibility of the Mayor.

(Ord. 85‑3, passed 5‑7‑85)

 

 

' 38.03 COMPLIANCE WITH ADDITIONAL REGULATIONS.

 

These procedures may be amended by ordinance to comply with court directives or additional federal and state regulations.

(Ord. 85‑3, passed 5‑7‑85)

 

 

 

 

 

 

 

 

1996 S‑6 45

 

46 Russellville ‑ Administration

 

CHAPTER 39: CODE OF ETHICS

 

 

Section

 

General Provisions

 

39.01 Purpose and authority

39.02 Definitions

 

Standards of Conduct

 

39.10 Conflicts of interests in general

39.11 Conflicts of interest in contracts

39.12 Receipt of gifts

39.13 Use of city property, equipment and personnel

39.14 Representation of interest before city government

39.15 Misuse of confidential information

39.16 Post‑employment restriction

39.17 Honoraria

 

Financial Disclosure

 

39.20 Who must file

39.21 When to file statements; amended statements

39.22 Form of the statement of financial interest

39.23 Control and maintenance of the statements of financial interests

39.24 Contents of the financial interest statement

39.25 Noncompliance with filing requirement

 

Nepotism

 

39.30 Nepotism prohibited

 

Enforcement

 

39.40 Board of Ethics

39.41 Reprisals against persons disclosing violations prohibited

 

39.99 Penalties

 

 

GENERAL PROVISIONS

 

' 39.01 PURPOSE AND AUTHORITY.

 

(A) It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the city shall be clearly established, uniform in their application and enforceable, and to provide the officers and employees of the city with advice and information concerning potential conflicts of interest which might arise in the conduct of their public duties.

 

 

1995 S‑5 47

 

48 Russellville ‑ Administration

 

 

(B) It is the further purpose of this chapter to meet the requirements of KRS 65.003 as enacted by the 1994 Kentucky General Assembly.

 

(C) This chapter is enacted under the power vested in the city by KRS 82.082 and pursuant to requirements of KRS 65.003.

(Ord. 94‑12, passed 11‑22‑94)

 

 

' 39.02 DEFINITIONS.

 

As used in this chapter, unless the context clearly requires a different meaning:

 

BUSINESS. Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self‑employed individual, holding company, joint stock company, receivership, trust, professional service corporation, or any legal entity through which business is conducted for profit.

 

BOARD OF ETHICS. The Barren River Regional Board of Ethics which is created and vested by this chapter with the responsibility of enforcing the requirements of the City's Code of Ethics.

 

CANDIDATE. Any individual who seeks nomination or election to a city office. An individual is a candidate when the individual files a notification and declaration for nomination for office with the county clerk or secretary of state, or is nominated for office by a political party, or files a declaration of intent to be a write‑in candidate with the county clerk or secretary of state.

 

CITY. The City of Russellville, Kentucky.

 

CITY AGENCY. Any board, commission, authority, nonstock corporation, or other entity created, either individually or jointly, by this city.

 

EMPLOYEE. Any person, whether full‑time or part‑time, and whether paid or unpaid, who is employed by or provides service to the city. The term "EMPLOYEE" shall not include any contractor or subcontractor or any of their employees.

 

FAMILY MEMBER. A spouse, parent, child, brother, sister, mother‑in‑law, father‑in‑law, son‑in‑law, daughter‑in‑law, grandparent or

grandchild.

 

IMMEDIATE FAMILY MEMBER. A spouse, an unemancipated child residing in the officer's or employee's household, or a person claimed by the officer or employee, or the officer's or employee's spouse, as a dependent for tax purposes.

 

OFFICER. Any person, whether full‑time or part‑time, and whether paid or unpaid, who is one of the following:

 

(A) The Mayor.

 

(B) A City Council member.

 

 

 

1995 S‑5

 

 

Code of Ethics 49

 

 

(C) The City Clerk.

 

(D) Any person who occupies a non‑elected office created under KRS 83A.080.

 

(E) A member of the governing body of any city agency or any joint governmental

agency who has been appointed to the governing body of the agency by the city.

(Ord. 94‑12, passed 11‑22‑94)

 

 

STANDARDS OF CONDUCT

 

' 39.10 CONFLICTS OF INTEREST IN GENERAL.

 

Every officer and employee of the city and every city agency shall comply with the following standards of conduct:

 

(A) No officer or employee, or any immediate family member of any officer or employee, shall have an interest in a business or engage in any business, transaction or activity which is in substantial conflict with the proper discharge of the officer's or employee's public duties.

 

(B) No officer or employee shall intentionally use or attempt to use his official position with the city to secure unwarranted privileges or advantages for himself or others.

 

(C) No officer or employee shall intentionally take or refrain from taking any discretionary action or agree to take or refrain from taking any discretionary action or induce or attempt to induce any other officer or employee to take or refrain from taking any discretionary action on any matter before the city in order to obtain a financial benefit for any of the following:

 

(1) The officer or employee.

 

(2) A family member.

 

(3) An outside employer.

 

(4) Any business in which the officer or employee, or any family member has a financial interest.

 

(5) Any business with which the officer or employee or any family member is negotiating or seeking prospective employment or other business or professional relationship.

 

(D) No officer or employee shall be deemed in violation of any provision in this section if, by reason of the officer's or employee's participation, vote, decision, action or inaction, no financial benefit accrues to the officer or employee, a family member, an outside employer, or a business as defined in subsection (C)(4) and (C)(5) of this section, as a member of any business, occupation, profession, or other group, to any greater extent than any gain could reasonably be expected to accrue to any other member of the business, occupation, profession, or other group.

 

(E) Every officer or employee who has a prohibited financial interest which the officer or employee believes or has reason to believe may be affected by his participation, vote, decision

1995 S‑5

 

 

50 Russellville ‑ Administration

 

 

or other action taken within the scope of his public duties shall disclose the precise nature and value of the interest, in writing, to the governing body of the city or city agency served by the officer or employee, and the disclosure shall be entered on the official record of the proceedings of the governing body. The officer or employee shall refrain from taking any action with respect to the matter that is the subject of the disclosure.

(Ord. 94‑12, passed 11‑22‑94)

 

 

' 39.11 CONFLICTS OF INTEREST IN CONTRACTS.

 

(A) No officer or employee of the city or any city agency shall directly or through others undertake, execute, hold, or enjoy, in whole or in part, any contract made, entered into, awarded, or granted by the city or a city agency, except as follows:

 

(1) The prohibition in subsection (A) of this section shall not apply to contracts entered into before an elected officer filed as a candidate for city office, before an appointed officer was appointed to a city or city agency office, or before an employee was hired by the city or a city agency. However, if any contract entered into by a city or city agency officer or employee before he became a candidate, was appointed to office, or was hired as an employee, is renewable after he becomes a candidate, assumes the appointed office, or is hired as an employee, the prohibition in subsection (A) of this section shall apply to the renewal of the contract.

 

(2) The prohibition in subsection (A) of this section shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer or employee is authorized to participate in establishing the contract specifications, awarding the contract, or managing contract performance after the contract is awarded. If the officer or employee has any of the authorities set forth in the preceding sentence, then the officer or employee shall have no interest

in the contract, unless the requirements set forth in subpart (3) below are satisfied.

 

(3) The prohibition in subsection (A) of this section shall not apply in any case where the following requirements are satisfied:

 

(a) The specific nature of the contract transaction and the nature of the officer's or employee's interest in the contract are publicly disclosed at a meeting of the governing body of the city or city agency.

 

(b) The disclosure is made a part of the official record of the governing body of the city or city agency before the contract is executed.

 

(c) A finding is made by the governing body of the city or city agency that the contract with the officer or employee is in the best interests of the public and the city or city agency because of price, limited supply, or other specific reasons.

 

(d) The finding is made a part of the official record of the governing body of the city or city agency before the contract is executed.

 

(B) Any violation of this section shall constitute a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation of this section. Additionally, a violation of this section shall be grounds for removal from office or employment with the city in accordance with any

1995 S‑5

 

 

Code of Ethics 51

 

 

applicable provisions of state law and ordinances, rules or regulations of the city.

(Ord. 94‑12, passed 11‑22‑94)

 

 

' 39.12 RECEIPT OF GIFTS.

 

No officer or employee of the city or any city agency shall directly or indirectly through any other person or business, solicit or accept any gift having a fair market value of more than one hundred dollars ($100), whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or any other form under circumstances in which it could reasonably be inferred that the gift was intended to influence or could reasonably be expected to influence the officer or employee in the performance of his public duties.

(Ord. 94‑12, passed 11‑22‑94)

 

 

' 39.13 USE OF CITY PROPERTY, EQUIPMENT AND PERSONNEL.

 

No officer or employee of the city shall use or permit the use of

any city time, funds, personnel, equipment, or other personal or real property for the private use of any person, unless:

 

(A) The use is specifically authorized by a stated city policy.

 

(B) The use is available to the general public, and then only to the extent and upon the terms that such use is available to the general public.

(Ord. 94‑12, passed 11‑22‑94)

 

 

' 39.14 REPRESENTATION OF INTERESTS BEFORE CITY GOVERNMENT.

 

(A) No officer or employee of the city or any city agency shall represent any person or business, other than the city, in connection with any cause, proceeding, application or other matter pending before the city or any city agency.

 

(B) Nothing in this section shall prohibit an employee from representing another employee or employees where the representation is within the context of official labor union or similar representational responsibilities.

 

(C) Nothing in this section shall prohibit any officer or employee from representing himself in matters concerning his own interest.

 

(D) No elected officer shall be prohibited by this section from making any inquiry for information on behalf of a constituent, if no compensation, reward or other thing of value is promised to, given to, or accepted by the officer, whether directly or indirectly, in return for the inquiry.

(Ord. 94‑12, passed 11‑22‑94)

 

 

 

 

 

1995 S‑5

 

 

52 Russellville ‑ Administration

 

 

' 39.15 MISUSE OF CONFIDENTIAL INFORMATION.

 

No officer or employee of the city or any city agency shall intentionally use or disclose information acquired in the course of his official duties, if the primary purpose of the use or disclosure is to further his personal financial interest or that of another person or business. Information shall be deemed confidential if it is not subject to disclosure pursuant to the Kentucky Open Records Act, KRS 61.872 to 61.884, at the time of its use or disclosure.

(Ord. 94‑12, passed 11‑22‑94)

 

 

' 39.16 POST‑EMPLOYMENT RESTRICTION.

 

No officer or employee of the city or any city agency shall appear or practice before the city or any city agency with respect to any matter on which the officer or employee personally worked while in the service of the city or city agency for a period of one (1) year after the termination of the officer's or employee's service with the city or city agency.

(Ord. 94‑12, passed 11‑22‑94)

 

 

' 39.17 HONORARIA.

 

(A) No officer or employee of the city or a city agency shall accept any compensation, honorarium or gift with a fair market value greater than $100 in consideration of an appearance, speech or article unless the appearance, speech or article is both related to the officer's or employee's activities outside of municipal service and is unrelated to the officer's or employee's service with the city.

 

(B) Nothing in this section shall prohibit an officer or employee of the city or any city agency from receiving and retaining from the city or on behalf of the city actual and reasonable out‑of‑pocket expenses incurred by the officer or employee in connection with an appearance, speech or article, provided that the officer or employee can show by clear and convincing evidence that the expenses were incurred or received on behalf of the city or city agency and primarily for the benefit of the city or city agency and not primarily for the benefit of the officer or employee or any other person.

(Ord. 94‑12, passed 11‑22‑94)

 

 

FINANCIAL DISCLOSURE

 

' 39.20 WHO MUST FILE.

 

The following classes of officers and employees of the city and city agencies shall file an annual statement of financial interests with the Board of Ethics:

 

(A) Elected city officials.

 

(B) Candidates for elected city office.

 

(C) Non‑elected officers and employees of the city or any city agency who are authorized to make purchases of materials or services or award contracts, leases or agreements involving the

 

 

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expenditure of more than five hundred dollars ($500.00) or more.

(Ord. 94‑12, passed 11‑22‑94)

 

 

' 39.21 WHEN TO FILE STATEMENTS; AMENDED STATEMENTS.

 

(A) Pursuant to the Memorandum of Agreement between the city and the Barren River Area Development District, the initial statement of financial interests required by this section shall be filed with the Barren River Regional Board of Ethics, c/o Barren River Area Development District Records Administrator, no later than 3:00 p.m., March 1, 1995. All subsequent statements of financial interest shall be filed no later than 3:00 p.m. on March 1 each year, provided that:

 

(1) An officer or employee newly‑appointed to fill an office or position of employment with the city or a city agency file his initial statement no later than thirty (30) days after the date of the appointment.

 

(2) A candidate for city office shall file his initial statement no later than thirty (30) days after the date on which the person becomes a candidate for elected city office.

 

(B) The Board of Ethics may grant a reasonable extension of time for filing a statement of financial interests for good cause shown.

(Ord. 94‑12, passed 11‑22‑94)

 

 

' 39.22 FORM OF THE STATEMENT OF FINANCIAL INTEREST.

 

The statement of financial interests shall be filed on a form prescribed by the Barren River Regional Board of Ethics. The Board shall deliver to the city a copy of the form for each officer and employee required to file the statement, no later than February 15 of each year. The failure to deliver the form shall not relieve the officer or employee of the obligation to file the statement.

(Ord. 94‑12, passed 11‑22‑94)

 

 

' 39.23 CONTROL AND MAINTENANCE OF THE STATEMENTS OF FINANCIAL INTERESTS.

 

(A) The Barren River Regional Board of Ethics shall be the "official custodian" of the statements of financial interests. The statements of financial interest shall be maintained by the Board, or the Records Administrator designated by the Board as "custodian", as public documents, available for public inspection immediately upon filing.

 

(B) A statement of financial interests shall be retained by the Board or the designated administrative official for a period of five (5) years after filing; provided that:

 

(1) Upon the expiration of three (3) years after a person ceases to be an officer or employee of the city or city agency, the Board shall cause to be destroyed any statements of financial interests or copies of those statements filed by the person.

 

(2) Upon the expiration of three (3) years after any election at which a candidate for

 

 

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elected city office was not elected or nominated, the Board of Ethics shall cause to be destroyed any statements of financial interests or copies of those statements filed by the person.

(Ord. 94‑12, passed 11‑22‑94)

 

 

' 39.24 CONTENTS OF THE FINANCIAL INTERESTS STATEMENT.

 

(A) The statement of financial interests shall include the following information for the preceding calendar year:

 

(1) The name, current business address, business telephone number, and home address of the filer.

 

(2) The title of the filer's office, office sought, or position of employment.

 

(3) The occupation of the filer and the filer's spouse.

 

(4) Information that identifies each source of income of the filer and the filer's immediate family members exceeding five thousand dollars ($5,000) during the preceding calendar year and the nature of the income (e.g., salary, commission, dividends, retirement fund distribution, etc.)

 

(5) The name and address of any business located within the state in which the filer or any member of the filer's immediate family had at any time during the preceding calendar year an interest of ten thousand dollars ($10,000) at fair market value or five percent (5%) ownership interest or more.

 

(6) The name and address of any business located outside of the state, if the business has engaged in any business transactions with the city during the past three (3) years, or which is anticipated to engage in any business transactions with the city, in which the filer or any member of the filer's immediate family had at any time during the preceding calendar year an interest of ten thousand dollars ($10,000) at fair market value or five percent (5%) ownership interest or more.

 

(7) A designation as commercial, residential, or rural and the location of all real property within the city other than the filer's primary residence in which the filer or any member of the filer's immediate family had during the preceding calendar year an interest of ten thousand dollars ($10,000) or more.

 

(8) The name and address of any creditor owed more than ten thousand dollars ($10,000), except debts arising from the purchase of a primary residence or the purchase of consumer goods which are bought or used primarily for person, family or household purposes.

 

(B) Nothing in this section shall be construed to require any officer or employee to disclose any specific dollar amounts nor the names of individual clients or customers of businesses listed as sources of income.

(Ord. 94‑12, passed 11‑22‑94)

 

 

 

 

 

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' 39.25 NONCOMPLIANCE WITH FILING REQUIREMENTS.

 

(A) The Barren River Regional Board of Ethics, or the Records Administrator, shall notify by certified mail each person required to file a statement of financial interests who fails to file the statement by the due date, files an incomplete statement, or files a statement in a form other than that prescribed by the Board. The notice shall specify the type of failure or delinquency, shall establish a date by which the failure or delinquency shall be remedied, and shall advise the person of the penalties for a violation.

 

(B) Any person who fails or refuses to file the statement or who fails or refuses to remedy a deficiency in the filing identified in the notice under subsection (A) within the time period established in the notice shall be guilty of a civil offense and shall be subject to a civil fine imposed by the Board in an amount not to exceed twenty‑five dollars ($25) per day, up to a maximum total civil fine of five hundred dollars ($500). Any civil fine imposed by the Board under this section may be recovered by the city in a civil action in the nature of debt if the offender fails or refuses to pay the penalty within a prescribed period of time.

 

(C) Any person who intentionally files a statement of financial interests which he knows to contain false information or intentionally omits required information shall be guilty of a Class A misdemeanor.

(Ord. 94‑12, passed 11‑22‑94)

 

 

NEPOTISM

 

' 39.30 NEPOTISM PROHIBITED.

 

(A) No officer or employee of the city or a city agency shall advocate, recommend or cause the:

 

(1) employment;

 

(2) appointment;

 

(3) promotion;

 

(4) transfer; or

 

(5) advancement

 

of a family member to an office or position of employment with the city or a city agency.

 

(B) No officer or employee of the city or a city agency shall directly supervise or manage the work of a family member.

 

(C) No officer or employee shall participate in any action relating to the employment or discipline of a family member, except that this prohibition shall not prevent an elected or appointed official from voting on or participating in the development of a budget which includes compensation for a family member, provided that the family member is included only as a member of a class of persons or a group and the family member benefits to no greater extent than any other similarly situated member of the class or group.

 

 

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(D) The prohibitions in this section shall not apply to any relationship or situation that would violate the prohibitions, but which existed prior to November 12, 1994.

(Ord. 94‑12, passed 11‑22‑94)

 

 

ENFORCEMENT

 

' 39.40 BOARD OF ETHICS.

 

(A) Pursuant to the Memorandum of Agreement setting forth the Barren River Regional Board of Ethics, all authority for the establishment of procedures for formation and maintenance of the Barren River Regional Board of Ethics and all power and duties appropriate thereto are hereby delegated provided:

 

(1) That the Board shall comply with all terms and conditions as set forth in the Act establishing a code of ethics for cities;

 

(2) That any hearings or related procedures shall comply with the Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence;

 

(3) That any regulations adopted by the Board to govern its procedures shall be consistent with the Kentucky Open Records Law; and

 

(4) That the city shall bear its proportionate share of any costs for investigations, hearings, preparation of findings, and the issuance of any advisory opinions by the Board.

(Ord. 94‑12, passed 11‑22‑94)

 

 

' 39.41 REPRISALS AGAINST PERSONS DISCLOSING VIOLATIONS PROHIBITED.

 

(A) No officer or employee of the city or any city agency shall subject to reprisal or directly or indirectly use, or threaten to use, any official authority or influence in any manner whatsoever which tends to discourage, restrain, deter, prevent, interfere with, coerce, or discriminate against any person who in good faith reports, discloses, divulges, or otherwise brings to the attention of the Board of Ethics or any other agency or official of the city or the Commonwealth any facts or information relative to an actual or suspected violation of this chapter.

 

(B) This section shall not be construed as:

 

(1) Prohibiting disciplinary or punitive action if an officer or employee of the city or any city agency discloses information which he knows:

 

(a) To be false or which he discloses with reckless disregard for its truth or falsity.

 

(b) To be exempt from required disclosure under the provisions of the Kentucky Open Records Act, 61.870 to 61.884.

 

(c) Is confidential under any other provision of law.

(Ord. 94‑12, passed 11‑22‑94)

 

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' 39.99 PENALTIES.

 

(A) Except when another penalty is specifically set forth in this chapter, any officer or employee of the city or any city agency who is found by the Board of Ethics to have violated any provision of this chapter shall be deemed guilty of a civil offense and may be subject to a civil fine imposed by the Board of Ethics not to exceed one thousand dollars ($1,000), which may be recovered by the city in a civil action in the nature of debt if the offender fails to pay the penalty within a prescribed period of time.

 

(B) In addition to all other penalties which may be imposed under this chapter, any officer or employee of the city or any city agency who is found by the Board of Ethics to have violated any provision of this chapter shall forfeit to the city or the city agency an amount equal to the economic benefit or gain which the officer or employee is determined by the Board to have realized as a result of the violation. The amount of any forfeiture may be recovered by the city in a civil action in the nature of debt, if the offender fails to pay the amount of the forfeiture within a prescribed period of time.

 

(C) In addition to all other penalties which may be imposed under this chapter, a finding by the Board of Ethics that an officer or employee of the city or any city agency is guilty of a violation of this chapter shall be sufficient cause for removal, suspension, demotion, or other disciplinary action by the executive authority of the city or city agency or by any other officer or agency having the power of removal or discipline. Any action to remove or discipline any officer or employee for a violation of this chapter shall be taken in accordance with all applicable ordinances and regulations of the city and all applicable laws of the Commonwealth.

(Ord. 94‑12, passed 11‑22‑94)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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