67C.103 Consolidated local government council -- Council districts -- Redistricting
1,945 words·~9 min read·
/ky/67c-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
following decennial census -- Terms, qualifications, and election of members
and president -- Regular and special meetings -- Notice requirements --
Ordinances -- Vacancies -- Legislative powers -- Government Oversight and
Audit Committee -- Name of council.
(1)The legislative authority of a consolidated local government, except as otherwise
specified in KRS 67C.101 to 67C.137, shall be vested in a consolidated local
government council. The members of the council shall be nominated and elected by
district. There shall be only one
(1)council member elected from each council
district.
(2)There shall be twenty-six
(26)council districts. The initial boundaries, population,
and numerical designation of the council districts shall be as specified by KRS
67C.135. The population of the council districts shall be as nearly equal as is
reasonably possible. Any changes made to alter the boundaries of council districts
shall be based on the population of the county as determined by the most recent
United States Census or official census estimates as provided by the United States
Bureau of the Census.
(3)Following the official publication of each decennial census by the United States
Bureau of the Census for the area embraced by a consolidated local government, the
council shall adopt an ordinance, if necessary, to redistrict the council districts. A
redistricting ordinance shall provide for the distribution of population among the
council districts as nearly equal as is reasonably possible. Every council district
shall be compact and contiguous and shall respect existing neighborhood,
community, and city boundaries whenever possible.
(4)The consolidated local government council members shall serve for a term of four
(4)years beginning on the first Monday in January following their election, except
that the initial election of council members shall be in a manner as to provide for
staggered terms for council members. At the initial election of the members of a
consolidated local government council, those representing even-numbered districts
shall be elected for a two
(2)year term. Those representing odd-numbered districts
shall be elected for a four
(4)year term. Thereafter, all council members shall be
elected for four
(4)year terms.
(5)The members of a consolidated local government council shall be nominated and
elected from the district in which they reside in nonpartisan elections. After the
initial terms of office of the first elected council members, council members shall
be elected in the same election years as other local government officials as
regulated by the regular election laws of the Commonwealth and as provided in
subsection
(4)of this section.
(6)No person shall be eligible to serve as a member of a consolidated local government
council unless he or she is at least eighteen
(18)years old, a qualified voter, and a
resident within the territory of the consolidated local government and the district
that he or she seeks to represent for at least one
(1)year immediately prior to the
person's election. A council member shall continue to reside within the district from
which he or she was elected throughout the term of office.
(7)The presiding officer of a consolidated local government council shall be a
president who shall be chosen annually by a majority vote of the entire council from
among its members at the first meeting of the council in January. The council
president has the right to introduce any resolution or recommend any ordinance and
shall be entitled to vote on all matters.
(8)The consolidated local government council shall upon notice meet within seven
days after its members have taken office, and shall thereafter hold at least one
regular meeting per month. No newspaper notice shall be required for regular or
special meetings of the consolidated local government council. However, notice of
all meetings of the council and all meetings of committees of the council shall be
held pursuant to KRS 61.805 to 61.850.
(9)A majority of the members of the consolidated local government council shall
constitute a quorum, but a smaller number may adjourn from day to day. The
consolidated local government council may enforce the attendance of members by
rules or ordinances with appropriate fines. The mayor or two-thirds (2/3) of the
entire membership of the council may call a special meeting at any time. Meetings
shall be held in such places in the county as are provided by ordinance, and the
place of meetings shall not be changed except by an ordinance for which two-thirds
(2/3) of the members of the consolidated local government council have voted.
(10)The council shall determine its own rules and order of business, and keep and
provide a public record of its proceedings. The council shall provide for the
publication of all ordinances in a composite code of ordinances.
(11)Council ordinances that prescribe penalties for their violation shall be enforced
through the entire area of the consolidated local government unless:
(a)Otherwise provided by statute; or
(b)The legislative body of any city within the consolidated local government area
has adopted an ordinance pertaining to the same subject matter that is the
same as or more stringent than the standards set forth in the consolidated local
government's ordinance.
(a)In the case of a vacancy on the consolidated local government council by
reason of death, resignation, or removal, a nonpartisan election shall be held
to fill the unexpired term, unless paragraph
(c)of this subsection applies. The
county clerk shall be responsible for administering the election. The election
shall proceed as follows:
1. The presiding officer of the council shall declare the position vacant and
issue a writ of election within twenty-four
(24)hours of the occurrence
of the vacancy;
2. The writ shall be signed by the presiding officer, shall designate the day
for holding the election, and shall be delivered to the sheriff;
3. Candidates for the unexpired term shall file petitions of nomination with
the county clerk not later than ten
(10)days following the declaration of
vacancy. The election shall be held sixty
(60)days after the declaration
of vacancy on the next Tuesday which is not a federal holiday under 5
U.S.C. sec. 6103(a), unless paragraph
(b)of this subsection applies. The
petition for nomination shall contain the signatures of two
(2)registered
voters of the council district and shall meet the requirements of KRS
118.315(2); and
4. The successful candidate elected to fill an unexpired term in the office
of consolidated local government council member shall take office
immediately upon certification of the election results and administration
of the oath of office.
(b)If the unexpired term will not end on the first Monday in January following
the next regular election, and if less than three
(3)months intervene before
that regular election, the unexpired term shall be filled on the date set for the
regular election. Candidates for full terms shall be grouped together, and
candidates for unexpired terms shall be grouped together, under appropriate
headings, so that the voter may easily distinguish the candidates for full terms
from the candidates for unexpired terms.
(c)If the unexpired term will end on the first Monday in January following the
next regular election, and if less than three
(3)months intervene before that
regular election, the presiding officer of the council shall appoint a qualified
person to fill the vacancy and serve the remainder of the term.
(d)The order of the names on the ballot for the candidates shall be determined by
lot at a public drawing to be held in the office of the county clerk at 4 p.m.,
standard time, ten
(10)days following the declaration of vacancy.
(13)All legislative powers of a consolidated local government are vested in the
consolidated local government council. The term "legislative power" is to be
construed broadly and shall include the power to:
(a)Enact ordinances, orders, and resolutions, and override a veto of the mayor by
a two-thirds (2/3) majority of the membership of the legislative council;
(b)Review the budgets of and appropriate money to the consolidated local
government;
(c)Adopt a budget ordinance;
(d)Levy taxes, subject to the limitations of the Constitution and the laws of the
Commonwealth of Kentucky;
(e)Establish standing and temporary committees; and
(f)Make independent audits and investigations concerning the affairs of the
consolidated local government and any board or commission that:
1. Is composed of members who are appointed by the mayor and approved
by the legislative council; or
2. Has a budget that is equal to or greater than one million dollars
($1,000,000.00), except that this subparagraph shall not apply to any fee
officer elected within the consolidated local government.
(a)The consolidated local government council shall establish a Government
Oversight and Audit Committee. This committee shall be:
1. Composed of members from each of the two
(2)largest political
caucuses in the legislative council;
2. Appointed by the chairs of their respective caucuses; and
3. Composed on the basis of the proportion of each of the two
(2)caucuses'
total membership as compared to the total membership of the legislative
council. Any fractional proportions shall be rounded in the favor of the
smallest caucus' membership on the committee.
(b)The committee shall have the power to:
1. Compel testimony and the submission of work papers or documents;
2. Issue subpoenas to compel any officer, appointee, or former officer or
appointee to a board or commission described in subsection (13)(f) of
this section or any department or division of the consolidated local
government to appear before the committee and to compel the
submission to the committee of any work papers or documents pertinent
to an independent audit or investigation. Any subpoenas issued or
testimony compelled shall be subject to any relevant statutes concerning
privacy. Testimony subject to KRS 61.810 shall only be taken in
executive session. The right to privacy or the requirement that testimony
be taken in executive session may be waived by the person or entity
being subpoenaed or compelled to testify;
3. Petition the appropriate Circuit Court to compel obedience by
proceedings for contempt as in the case of disobedience of a subpoena
issued from the Circuit Court or a refusal to testify therein, if any officer
or appointee fails or refuses to testify or furnish the work papers or
documents subpoenaed;
4. Administer oaths to witnesses appearing before the committee when the
committee deems the administration of an oath necessary and advisable
as provided by law. This decision to administer oaths shall be taken by a
majority vote of the committee of the legislative council; and
5. Recommend the removal of any appointee to a board or commission
described in subsection (13)(f) of this section.
(c)The legislative council of the consolidated local government shall adopt by
resolution any process or procedures deemed necessary for the administration
of subpoenas and oaths.
(d)The legislative council of the consolidated local government may only act to
remove an appointee to a board or commission described in subsection (13)(f)
of this section upon the recommendation of the Government Oversight and
Audit Committee.
(e)The Government Oversight and Audit Committee shall have the power to
issue subpoenas or administer oaths. Except as provided in KRS 65.003(7),
the legislative council of the consolidated local government shall not delegate
those powers to any other entity or entities not a part of the legislative council
of the consolidated local government.
(15)The consolidated local government council shall be known as the legislative council
of ...................../................... County Metro Government, which shall be a
combination of the names of the largest city in existence in the county on the date
of the adoption of the consolidated local government and the county.