KRS 75.031: Trustees, elections, appointments, terms -- Continued service upon

establishment of consolidated local government -- Vacancies -- Removal --

Elections for part of trustees -- Officers.

(1) (a) 1. Upon creation of a fire protection district or a vo lunteer fire department

district as provided in KRS 75.010, the affairs of the district shall be

conducted by the board of trustees consisting of seven (7) members,

four (4) to be elected by the members of the district as hereinafter set out

and three (3) to be appointed by the county judge/executive or the mayor

in a consolidated local government pursuant to the provisions of KRS

67C.139.

2. Two (2) members of the board of trustees shall be elected by the

members of the firefighters of the district and sha ll be full -time paid

employees of the district or members of the district who personally

reside in the district.

3. Two (2) members of the board of trustees shall be property owners who

own real or personal property which is subject to the fire protection tax

pursuant to KRS 75.040, who personally reside in the district, and who

are not active firefighters and shall be elected by the property owners of

the district. Property owners voting to select representatives to the board

of trustees shall have attained the age of eighteen (18).

4. The county judge/executive of the county in which the greater part of

the district is located shall, with the approval of the fiscal court, appoint

three (3) members of the board of trustees who personally reside in the

district. In counties containing a city of the first class, trustees appointed

by the county judge/executive to serve in volunteer fire prevention

districts shall reside within the boundaries of that county. In counties

governed by a consolidated local governme nt, trustees appointed by the

mayor to serve in volunteer fire prevention districts shall reside within

the boundaries of the consolidated local government.

5. At the first election held after the district is formed, one (1) firefighter

shall be elected to serve on the board of trustees for a period of one (1)

year and one (1) for a period of three (3) years, and one (1)

nonfirefighter property owner shall be elected to serve on the board of

trustees for a period of two (2) years and one (1) for a period of four (4)

years. On the expiration of the respective terms, the successor to each

shall have the same qualifications as his or her predecessor and shall be

elected for a term of four (4) years. The original appointed members of

the board of trustees shall be appointed for terms of one (1), two (2), and

three (3) years respectively. On the expiration of the respective terms,

the successors to each shall be appointed for a term of three (3) years.

6. Upon the establishment of a consolidated local government, incumbent

members shall continue to serve until the expiration of their current term

of office.

7. In the event of a vacancy in the term of an appointed or elected trustee,

the county judge/executive shall appoint with the approval of the fiscal

court a tr ustee for the remainder of the term, except in a county

containing a consolidated local government. In a county containing a

consolidated local government, the mayor pursuant to the provisions of

KRS 67C.139 shall appoint a trustee for the remainder of the term.

(b) An appointed trustee may be removed from office as provided by KRS

65.007.

(c) 1. No person shall be an elected trustee who is not a resident of the district,

except as provided in subsection (1)(a)2. of this section, and who, at the

time of his or her election, is not a citizen of Kentucky and has not

attained the age of twenty-one (21).

2. Except for trustees elected under subsection (1)(a)2. of this section, a

vacancy shall be declared to exist if an elected trustee no longer resides

within the boundaries of the district at any time during his or her term of

office.

(d) Unless otherwi se provided by law, an elected firefighter trustee may be

removed from office by the mayor of a consolidated local government, or in a

county not containing a consolidated local government, by the county

judge/executive of the county in which the greater p art of the district is

located. An elected firefighter trustee may be removed after a hearing with

notice as required by KRS Chapter 424, for inefficiency, neglect of duty,

malfeasance, or conflict of interest. The hearing shall be initiated and chaired

by the county judge/executive of a county or the mayor of a consolidated local

government, who shall prepare a written statement setting forth the reasons

for removal. The trustee to be removed shall be notified of his or her proposed

removal and the reasons for the proposed removal by registered mail sent to

his or her last known address at least ten (10) days prior to the hearing. The

person proposed to be removed may employ counsel to represent him or her.

A record of the hearing shall be made by the count y judge/executive or mayor

respectively.

(e) The removal of an elected firefighter trustee of a fire protection district shall

be subject to the approval of the fiscal court of the county in which the greater

part of the district is located in those counti es not containing a consolidated

local government or the legislative council in a county containing a

consolidated local government.

(f) An elected firefighter trustee removed pursuant to paragraphs (d) and (e) of

this subsection may appeal, within ten (10 ) days of the rendering of the

decision of the fiscal court or legislative council, respectively, to the Circuit

Court of the county in which the greater part of the district is located. The

scope of the appeal shall be limited to whether the county judge/ executive,

mayor, legislative council, or the fiscal court respectively, abused their

discretion in removing the trustee.

(2) The elective offices of members of the board of trustees shall be filled by an

election to be held once each year on the fourth Sa turday of June between the hours

of 11:00 a.m. and 2:00 p.m. The polls shall be located at the principal fire house in

the district. The date, time, and place of the election shall be advertised in

accordance with KRS 424.120. This notice shall be advertis ed at least thirty (30)

days prior to the election date and shall include the names and addresses of the

candidates to be voted on for each position of trustee. In lieu of the published notice

for the election of the firefighter trustees, written notice co ntaining the information

required to be advertised may be sent by first -class mail to each member of the

firefighters of the fire protection district or volunteer fire department district,

addressed to the firefighter at his or her residence, at least thir ty (30) days prior to

the election date. The nominations for candidates for trustees both representing the

firefighters and the property owners residing in the district shall be made in

accordance with the bylaws of the department. The terms of the three ( 3) trustees

appointed by the county judge/executive or mayor shall start at the same time as the

terms of the elected trustees. On or before the beginning of the second fiscal or

calendar year, depending on which basis the fire protection or volunteer fire

department district is being operated, after June 16, 1966, all departments organized

prior to June 16, 1966, shall increase their boards of trustees from three (3) to seven

(7) members and elect the elective members in the manner set forth herein.

(3) The trustees shall elect from their number a chairman, a secretary, and a treasurer,

the latter of whom shall give bond in an amount as shall be determined by the

county judge/executive of the county in which the greater part of the fire protection

district is located or the mayor in a consolidated local government, conditioned

upon the faithful discharge of the duties of his or her office, and the faithful

accounting for all funds which may come into his or her possession as treasurer.

The premiums on the bonds shall be paid out of the funds of the district.