AN ACT relating to the terms of members of city legislative bodies.

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AN ACT relating to the terms of members of city legislative bodies. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 83A.040 is amended to read as follows: 3
(1) A mayor shall be elected by the voters of each city at a regular election. A 4
candidate for mayor shall be a resident of the city for not less than one (1) year 5
prior to his or her electio n. His or her term of office shall begin on the first day of 6
January following his or her election and shall be for four (4) years and until his or 7
her successor qualifies. If a person is elected or appointed as mayor in response to a 8
vacancy and serves le ss than four (4) calendar years, then that period of service 9
shall not be considered for purposes of re -election a term of office. A mayor shall 10
be at least twenty -one (21) years of age, shall be a qualified voter in the city, and 11
shall reside in the city throughout his or her term of office. 12
(2) If a vacancy occurs in the office of mayor, the following provisions shall apply: 13
(a) The legislative body of the city shall fill the vacancy within thirty (30) days; 14
(b) A member of the legislative body in any city organized and governed under 15
the commission plan as provided by KRS 83A.140 or city manager plan as 16
provided by KRS 83A.150 may vote for himself; 17
(c) A member of the legislative body in any city organized and go verned under 18
the mayor-council plan as provided by KRS 83A.130 and in any city of the 19
first class organized under the mayor -alderman plan as provided by KRS 20
Chapter 83 shall not vote for himself; and 21
(d) The legislative body shall elect from among its memb ers an individual to 22
preside over meetings of the legislative body during any vacancy in the office 23
of mayor in accordance with the provisions of KRS 83A.130 to 83A.150. 24
(3) When voting to fill the vacancy created by a resignation of a mayor the resigning 25
mayor shall not vote on his or her successor. 26
(4) (a) Each legislative body member shall be elected at large by the voters of each 27
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city at a regular election. A candidate for a legislative body shall be a resident 1
of the city for not less than one (1) year prior to his or her election. His or her 2
term of office shall begin on the first day of January following his or her 3
election and shall be for two (2) years in cities with populations of less than 4
twelve thousand (12,000) as determined by the most recent federal decennial 5
census, and for four (4) years in cities with populations of twelve thousand 6
(12,000) or more as determined by the most recent federal decennial census , 7
except as provided by KRS 83A.050. A member shall be at least eighteen (18) 8
years of age, shall be a qualified voter in the city, and shall reside in the city 9
throughout his or her term of office. 10
(b) If a city crosses the twelve thousand (12,000) population threshold, either 11
through an increase or decrease in population, as determined by the most 12
recent federal decennial census, the adjusted terms of office shall take effect 13
at the next regular election after the conclusion of the term of office of the 14
legislative body members, as determined immediately prior to the most 15
recent federal decennial census. 16
(5) If one (1) or more vacancies on a legislative body occur in a way that one (1) or 17
more members remain seated, the remaining members shall within thirty (30) days 18
fill the vacancies one (1) at a time, giving each new appointee reasonable notice of 19
his or her selection as will enable him or her to meet and act with the remaining 20
members in making further appointments until all vacancies are filled. If vacancies 21
occur in a way that all seats become vacant, the Governor shall appoint qualifie d 22
persons to fill the vacancies sufficient to constitute a quorum. Remaining vacancies 23
shall be filled as provided in this section. 24
(6) If for any reason, any vacancy in the office of mayor or the legislative body is not 25
filled within thirty (30) days afte r it occurs, the Governor shall promptly fill the 26
vacancy by appointment of a qualified person who shall serve for the same period 27
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as if otherwise appointed. 1
(7) No vacancy by reason of voluntary resignation in the office of mayor or on a 2
legislative body shall occur unless a written resignation which specifies a 3
resignation date is tendered to the legislative body. The resignation may be 4
submitted through electronic mail if it originates from the official's electronic mail 5
address and includes also the off icial's handwritten signature. The resignation shall 6
be effective at the next regular or special meeting of the city legislative body 7
occurring on or after the date specified in the written letter of resignation. If a 8
resignation date is not specified, the written resignation shall be deemed to become 9
effective at the first regular or special meeting of the legislative body occurring on 10
or after its receipt. 11
(8) Pursuant to KRS 118.305(7), if a vacancy occurs which is required by law to be 12
filled temporarily by appointment, the legislative body or the Governor, whichever 13
is designated to make the appointment, shall immediately notify in writing both the 14
county clerk and the Secretary of State of the vacancy. 15
(9) Except in cities of the first class, any elect ed officer, in case of misconduct, 16
incapacity, or willful neglect in the performance of the duties of his or her office, 17
may be removed from office by a unanimous vote of the members of the legislative 18
body exclusive of any member to be removed, who shall not vote in the deliberation 19
of his or her removal. No elected officer shall be removed without having been 20
given the right to a full public hearing. The officer, if removed, shall have the right 21
to appeal to the Circuit Court of the county and the appeal shall be on the record. 22
No officer so removed shall be eligible to fill the office vacated before the 23
expiration of the term to which originally elected. 24
(10) Removal of an elected officer in cities of the first class shall be governed by the 25
provisions of KRS 83.660. 26
Section 2. The term of legislative body members of cities with populations of 27
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twelve thousand or greater who are serving in office on the effective date of this Act shall 1
conclude their terms on January 1, 2 027, except for those legislative body members of 2
cities with populations of twelve thousand or greater who were appointed less than three 3
months prior to the regular November election in 2026 pursuant to Section 152 of the 4
Constitution of Kentucky. Individuals appointed this way shall conclude their on January 5
1, 2030. The term of legislative body members of cities with populations of twelve 6
thousand or greater elected on and after the regular November election in 2026 shall be 7
for four years. 8