KRS 67C.103: Consolidated local government council -- Council districts -- Redistricting

following decennial census -- Terms, qualifications, and election of members

and president -- Regular and special meetings -- Notice requirements --

Ordinances -- Vacancies -- Legislative powers -- Legal counsel -- Government

Oversight and Audit Committee -- Overriding board's rules -- Name of

council.

(1) The legislative authority of a consolidated local government, except as otherwise

specified in KRS 6 7C.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 off icial 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 ensure that the districts in the redistricting plan:

(a) Not vary from the ideal population by more or less than two and one -half

percent (2.5%);

(b) Contain no divided precincts throughout the entirety of the county unless the

division of a precin ct is required to conform to paragraph (a) of this

subsection and any applicable law regarding population requirements;

(c) Not be drawn in a manner as to contain two (2) or more actively serving

council persons in the same district, except at the request of an affected

incumbent;

(d) Not be drawn in a manner so that the new district excludes the residence of an

actively serving council person;

(e) Are compact and contiguous; and

(f) 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 (7)

days after its members have taken office, and shall thereafter hold at least one (1)

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 consolidate d 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. The council's rules

shall not prohibit the filing of legislation that comports with the form requirements

of KRS 83A.060(1), (2), and (3).

(11) Council ordinances that prescribe penalties for their violatio n 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 sam e subject matter that is the

same as or more stringent than the standards set forth in the consolidated local

government's ordinance.

(12) (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 mee t 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 administratio n

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.

(14) The consolidated local government council, or either of its two (2) major political

caucuses, may hire or retain legal counsel for advice and consultation or to prepare

or review legislation. The legal counsel may provide an opinion on the legality or

constitutionality of any legislative action, but that opi nion shall only be an advisory

opinion.

(15) (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, appointe e, 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 an y 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 contemp t 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 appea ring 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 t he 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 administrati on

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.

(16) Any regulation, rule, or other similar action issued:

(a) By a board that is operating under KRS Chapter 109 or 212; and

(b) That applies to individuals residing or businesses operating within the

jurisdiction of the consolidated local government as it relates to the conduct of

the individuals or businesses;

may be reviewed and overridden by an adopted resolution of the consolidated local

government council within forty -five (45) days of the issuance of the regulation,

rule, or similar action.

(17) The consolidated local government council shall be known as the legislative council

of ...................../................... County Metro Govern ment, 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.