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AN ACT relating to residency requirements for fire protection entities and 1
declaring an emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 75.031 is amended to read as follows: 4
(1) (a) 1. Upon creation of a fire protection district or a volunteer fire department 5
district as provided in KRS 75.010, the affairs of the district shall be 6
conducted by the board of trustees consisting of seven (7) members, 7
four (4) to be elected by the members of the district as hereinafter set out 8
and three (3) to be appointed by the county judge/executive or the 9
mayor in a consolidated local government pursuant to the provisions of 10
KRS 67C.139. 11
2. Two (2) members of the board of trustees shall be elected by the 12
members of the firefighters of the district and shall be full-time paid 13
employees of the district or members of the district who personally 14
reside in the district. 15
3. Two (2) members of the board of trustees shall be property owners who 16
own real or personal property which is subject to the fire protection tax 17
pursuant to KRS 75.040, who personally reside in the district, and who 18
are not active firefighters and shall be elected by the property owners of 19
the district. Property owners voting to select representatives to the board 20
of trustees shall have attained the age of eighteen (18). 21
4. The county judge/executive of the county in which the greater part of 22
the district is located shall, with the approval of the fiscal court, appoint 23
three (3) members of the board of trustees who personally reside in the 24
district. In counties containing a city of the first class, trustees appointed 25
by the county judge/executive to serve in volunteer fire prevention 26
districts shall reside within the boundaries of that county. In counties 27
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governed by a consolidated local government, trustees appointed by the 1
mayor to serve in volunteer fire prevention districts shall reside within 2
the boundaries of the consolidated local government. 3
5. At the first election held after the district is formed, one (1) firefighter 4
shall be elected to serve on the board of trustees for a period of one (1) 5
year and one (1) for a period of three (3) years, and one (1 ) 6
nonfirefighter property owner shall be elected to serve on the board of 7
trustees for a period of two (2) years and one (1) for a period of four (4) 8
years. On the expiration of the respective terms, the successor to each 9
shall have the same qualifications as his or her predecessor and shall be 10
elected for a term of four (4) years. The original appointed members of 11
the board of trustees shall be appointed for terms of one (1), two (2), and 12
three (3) years respectively. On the expiration of the respective te rms, 13
the successors to each shall be appointed for a term of three (3) years. 14
6. Upon the establishment of a consolidated local government, incumbent 15
members shall continue to serve until the expiration of their current term 16
of office. 17
7. In the event of a vacancy in the term of an appointed or elected trustee, 18
the county judge/executive shall appoint with the approval of the fiscal 19
court a trustee for the remainder of the term, except in a county 20
containing a consolidated local government. In a county cont aining a 21
consolidated local government, the mayor pursuant to the provisions of 22
KRS 67C.139 shall appoint a trustee for the remainder of the term. 23
(b) An appointed trustee may be removed from office as provided by KRS 24
65.007. 25
(c) 1. No person shall be an e lected trustee who is not a resident of the 26
district, except as provided in subsection (1)(a)2. of this section, and 27
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who, at the time of his or her election, is not a citizen of Kentucky and 1
has not attained the age of twenty-one (21). 2
2. Except for truste es elected under subsection (1)(a)2. of this section, a 3
vacancy shall be declared to exist if an elected trustee no longer 4
resides within the boundaries of the district at any time during his or 5
her term of office. 6
(d) Unless otherwise provided by law, an elected firefighter trustee may be 7
removed from office by the mayor of a consolidated local government, or in a 8
county not containing a consolidated local government, by the county 9
judge/executive of the county in which the greater part of the district is 10
located. An elected firefighter trustee may be removed after a hearing with 11
notice as required by KRS Chapter 424, for inefficiency, neglect of duty, 12
malfeasance, or conflict of interest. The hearing shall be initiated and chaired 13
by the county judge/executive of a county or the mayor of a consolidated local 14
government, who shall prepare a written statement setting forth the reasons 15
for removal. The trustee to be removed shall be notified of his or her proposed 16
removal and the reasons for the proposed remov al by registered mail sent to 17
his or her last known address at least ten (10) days prior to the hearing. The 18
person proposed to be removed may employ counsel to represent him or her. 19
A record of the hearing shall be made by the county judge/executive or ma yor 20
respectively. 21
(e) The removal of an elected firefighter trustee of a fire protection district shall 22
be subject to the approval of the fiscal court of the county in which the greater 23
part of the district is located in those counties not containing a con solidated 24
local government or the legislative council in a county containing a 25
consolidated local government. 26
(f) An elected firefighter trustee removed pursuant to paragraphs (d) and (e) of 27
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this subsection may appeal, within ten (10) days of the rendering of the 1
decision of the fiscal court or legislative council, respectively, to the Circuit 2
Court of the county in which the greater part of the district is located. The 3
scope of the appeal shall be limited to whether the county judge/executive, 4
mayor, legis lative council, or the fiscal court respectively, abused their 5
discretion in removing the trustee. 6
(2) The elective offices of members of the board of trustees shall be filled by an 7
election to be held once each year on the fourth Saturday of June between the hours 8
of 11:00 a.m. and 2:00 p.m. The polls shall be located at the principal fire house in 9
the district. The date, time, and place of the election shall be advertised in 10
accordance with KRS 424.120. This notice shall be advertised at least thirty (30) 11
days prior to the election date and shall include the names and addresses of the 12
candidates to be voted on for each position of trustee. In lieu of the published notice 13
for the election of the firefighter trustees, written notice containing the informatio n 14
required to be advertised may be sent by first -class mail to each member of the 15
firefighters of the fire protection district or volunteer fire department district, 16
addressed to the firefighter at his or her residence, at least thirty (30) days prior to 17
the election date. The nominations for candidates for trustees both representing the 18
firefighters and the property owners residing in the district shall be made in 19
accordance with the bylaws of the department. The terms of the three (3) trustees 20
appointed by the county judge/executive or mayor shall start at the same time as the 21
terms of the elected trustees. On or before the beginning of the second fiscal or 22
calendar year, depending on which basis the fire protection or volunteer fire 23
department district is being operated, after June 16, 1966, all departments organized 24
prior to June 16, 1966, shall increase their boards of trustees from three (3) to seven 25
(7) members and elect the elective members in the manner set forth herein. 26
(3) The trustees shall elect from their number a chairman, a secretary, and a treasurer, 27
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the latter of whom shall give bond in an amount as shall be determined by the 1
county judge/executive of the county in which the greater part of the fire protection 2
district is located or the mayor in a consolidated local government, conditioned 3
upon the faithful discharge of the duties of his or her office, and the faithful 4
accounting for all funds which may come into his or her possession as treasurer. 5
The premiums on the bonds shall be paid out of the funds of the district. 6
Section 2. KRS 273.207 is amended to read as follows: 7
(1) The affairs of a corporation shall be managed by a board of directors. Except as 8
provided in subsection (2) of this section, directors need not be residents of this 9
state or members of the corporation unless the articles of incorporation or the 10
bylaws so require. The articles of incorporation or the bylaws may prescribe other 11
qualifications for directors. 12
(2) The members of the board of directors of a fire department organized under this 13
chapter shall be residents of the geographic area served by the corporation. A 14
vacancy shall be declared to exist if a member no longer resides within the 15
geographic area served by the corporation at any time during his or her term of 16
office. 17
Section 3. On the effective date of this Act: 18
(1) A vacancy shall be declared to exist in the office of any board of trustee 19
member serving under Section 1 of this Act who does not qualify under subsection 20
(1)(a)2. of Section 1 of this Act, and the vacancy shall be filled in accordance with 21
Section 1 of this Act; and 22
(2) A vacancy shall be declared to exist in the office of any board of director 23
member serving under Section 2 of thi s Act who does not personally reside in the 24
geographic area served by the corporation, and the vacancy shall be filled in accordance 25
with KRS 273.213. 26
Section 4. Whereas it is critical to ensure the representation of res idents served 27
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by fire protection entities, an emergency is declared to exist, and this Act takes effect 1
upon its passage and approval by the Governor or upon its otherwise becoming a law. 2