KRS 77.070: Air pollution control board, membership -- Qualifications -- Vacancies --

Removal -- Effect of compact -- Membership of board upon establishment of

consolidated local government.

(1) In a county containing a consolidated local government or a city wi th a population

equal to or greater than twenty thousand (20,000) based upon the most recent

federal decennial census, the air pollution control board of the air pollution control

district shall consist of seven (7) members, three (3) of whom shall be appo inted by

the county judge/executive, subject to the approval of the fiscal court, and four (4)

of whom shall be appointed by the mayor. The mayoral appointments shall be

subject to the approval of the legislative body of the city.

(2) The mayor shall appoi nt, subject to the approval of the legislative body of the city,

one (1) member for a term of one (1) year, one (1) member for a term of two (2)

years, one (1) member for a term of three (3) years, and one (1) member for a term

of four (4) years, and the c ounty judge/executive, subject to the approval of the

fiscal court, shall appoint one (1) member for a term of two (2) years, one (1)

member for a term of three (3) years, and one (1) member for a term of four (4)

years, and upon the expiration of each of said terms respectively, and thereafter, the

term of each of such members shall be four (4) years, and until their successors are

appointed and qualified.

(3) All air pollution control board members appointed pursuant to this section must be

freeholders within the district; those appointed by the county judge/executive must

be residents of such county, and those appointed by a mayor must be residents of

their respective city or consolidated local government.

(4) Not more than four (4) of the seven (7) board members appointed pursuant to this

section shall be of the same political party affiliation, nor shall an officer or

employee of such city, consolidated local government, or county, whether holding a

paid or unpaid position, be eligible for appointment to the board.

(5) A member of the air pollution control board is eligible to succeed himself or herself.

A vacancy in the membership shall be filled by an appointee of the mayor or of the

county judge/executive as the case may be, for the unexpired portion o f the term.

An appointee to a vacancy shall have the same qualifications as any regularly

appointed member.

(6) Any member of the board appointed by a mayor may be removed, for cause, after a

hearing, by the legislative body of such city or consolidated lo cal government, and

after ten (10) days' notice in writing shall have been given to the member, which

notice shall embrace the charges preferred against him. At the hearing he may be

represented by counsel. The finding of the legislative body shall be fina l and

removal results in vacancy in such office.

(7) Any member of the board appointed by a county judge/executive may be removed,

for cause, after a hearing, by the fiscal court of such county, and after ten (10) days'

notice in writing shall have been gi ven to the member, which notice shall embrace

the charges preferred against him. At the hearing he may be represented by counsel.

The finding of the fiscal court shall be final and removal results in vacancy in such

office.

(8) As used in this section "may or" means the chief executive of the city or

consolidated local government whether the official designation of his office is

mayor, city manager, or otherwise.

(9) Notwithstanding subsections (1) and (2) of this section, when a city of the first class

and a county containing such city have in effect a compact under KRS 79.310 to

79.330, the air pollution control board shall consist of seven (7) members, four (4)

of whom shall be appointed by the county judge/executive with the approval of the

fiscal court a nd three (3) of whom shall be appointed by the mayor, with the

approval of the legislative body, of the first-class city within such county. The terms

of such members shall be three (3) years, and until their successors are appointed

and qualified. Upon th e effective date of the compact, the mayor, and county

judge/executive with the approval of the fiscal court, shall adjust the terms of the

sitting members so that the term of one (1) of each of their appointments expires in

one (1) year, the term of one ( 1) of each of their appointments expires in two (2)

years, and the term of one (1) of each of their appointments expires in three (3)

years. The term of the then remaining member who was previously appointed by the

mayor shall terminate immediately and the county judge/executive with approval of

the fiscal court shall appoint a member for a one (1) year term. Upon the expiration

of these staggered terms, successors shall be appointed for a term of three (3) years.

Upon the establishment of a consolidated local government in a county where a city

of the first class and a county containing that city have had in effect a cooperative

compact pursuant to KRS 79.310 to 79.330, all members of the board shall be

appointed by the mayor of the consolidated local gover nment pursuant to the

provisions of KRS 67C.139 for a term of three (3) years. Incumbent members upon

the establishment of the consolidated local government shall continue to serve as

members of the board for the time remaining of their current term of appointment.