{"data":{"id":"us-ky/krs-77.070","jurisdiction":"us-ky","citation":"KRS 77.070","heading":"Air pollution control board, membership -- Qualifications -- Vacancies --","body":"Removal -- Effect of compact -- Membership of board upon establishment of\nconsolidated local government.\n(1) In a county containing a consolidated local government or a city wi th a population\nequal to or greater than twenty thousand (20,000) based upon the most recent\nfederal decennial census, the air pollution control board of the air pollution control\ndistrict shall consist of seven (7) members, three (3) of whom shall be appo inted by\nthe county judge/executive, subject to the approval of the fiscal court, and four (4)\nof whom shall be appointed by the mayor. The mayoral appointments shall be\nsubject to the approval of the legislative body of the city.\n(2) The mayor shall appoi nt, subject to the approval of the legislative body of the city,\none (1) member for a term of one (1) year, one (1) member for a term of two (2)\nyears, one (1) member for a term of three (3) years, and one (1) member for a term\nof four (4) years, and the c ounty judge/executive, subject to the approval of the\nfiscal court, shall appoint one (1) member for a term of two (2) years, one (1)\nmember for a term of three (3) years, and one (1) member for a term of four (4)\nyears, and upon the expiration of each of said terms respectively, and thereafter, the\nterm of each of such members shall be four (4) years, and until their successors are\nappointed and qualified.\n(3) All air pollution control board members appointed pursuant to this section must be\nfreeholders within the district; those appointed by the county judge/executive must\nbe residents of such county, and those appointed by a mayor must be residents of\ntheir respective city or consolidated local government.\n(4) Not more than four (4) of the seven (7) board  members appointed pursuant to this\nsection shall be of the same political party affiliation, nor shall an officer or\nemployee of such city, consolidated local government, or county, whether holding a\npaid or unpaid position, be eligible for appointment to the board.\n(5) A member of the air pollution control board is eligible to succeed himself or herself.\nA vacancy in the membership shall be filled by an appointee of the mayor or of the\ncounty judge/executive as the case may be, for the unexpired portion o f the term.\nAn appointee to a vacancy shall have the same qualifications as any regularly\nappointed member.\n(6) Any member of the board appointed by a mayor may be removed, for cause, after a\nhearing, by the legislative body of such city or consolidated lo cal government, and\nafter ten (10) days' notice in writing shall have been given to the member, which\nnotice shall embrace the charges preferred against him. At the hearing he may be\nrepresented by counsel. The finding of the legislative body shall be fina l and\nremoval results in vacancy in such office.\n(7) Any member of the board appointed by a county judge/executive may be removed,\nfor cause, after a hearing, by the fiscal court of such county, and after ten (10) days'\nnotice in writing shall have been gi ven to the member, which notice shall embrace\nthe charges preferred against him. At the hearing he may be represented by counsel.\nThe finding of the fiscal court shall be final and removal results in vacancy in such\noffice.\n(8) As used in this section \"may or\" means the chief executive of the city or\nconsolidated local government whether the official designation of his office is\nmayor, city manager, or otherwise.\n(9) Notwithstanding subsections (1) and (2) of this section, when a city of the first class\nand a county containing such city have in effect a compact under KRS 79.310 to\n79.330, the air pollution control board shall consist of seven (7) members, four (4)\nof whom shall be appointed by the county judge/executive with the approval of the\nfiscal court a nd three (3) of whom shall be appointed by the mayor, with the\napproval of the legislative body, of the first-class city within such county. The terms\nof such members shall be three (3) years, and until their successors are appointed\nand qualified. Upon th e effective date of the compact, the mayor, and county\njudge/executive with the approval of the fiscal court, shall adjust the terms of the\nsitting members so that the term of one (1) of each of their appointments expires in\none (1) year, the term of one ( 1) of each of their appointments expires in two (2)\nyears, and the term of one (1) of each of their appointments expires in three (3)\nyears. The term of the then remaining member who was previously appointed by the\nmayor shall terminate immediately and the county judge/executive with approval of\nthe fiscal court shall appoint a member for a one (1) year term. Upon the expiration\nof these staggered terms, successors shall be appointed for a term of three (3) years.\nUpon the establishment of a consolidated local government in a county where a city\nof the first class and a county containing that city have had in effect a cooperative\ncompact pursuant to KRS 79.310 to 79.330, all members of the board shall be\nappointed by the mayor of the consolidated local gover nment pursuant to the\nprovisions of KRS 67C.139 for a term of three (3) years. Incumbent members upon\nthe establishment of the consolidated local government shall continue to serve as\nmembers of the board for the time remaining of their current term of appointment.","path":["KRS Chapter 77"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43653","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:37Z","sha256":"1d63ad68289e09850ea8a3e183dd2b7ce7571d952bd118f584b0f46566063667","source_id":"us-ky","stale":false,"prev":"us-ky/krs-77.065","next":"us-ky/krs-77.075"},"notice":"GroundRules: Original legal text. Not legal advice."}