Form of
Government
The city manager plan is similar to the commission plan, in
that it provides for a mayor and four commissioners, who
together, make up the board of commissioners, which
possesses the legislative and executive powers of the city,
but it differs by vesting the administrative power in an
appointed official called the city manager (KRS 83A.1SO).
Figure 8 illustrates the organizational chart for the city
manager plan.
Mayor:
The mayor in the city manager plan, outside of his position
as a member of the board of commissioners is only titular
head of the city. KRS 83A.150 explicitly states that aside
from being recognized as the head of government by the
governor for purposes of military law, the mayor shall have
no regular administrative duties. All executive power is
vested in the board. The only duty of the mayor outside his
position as a member of the board is to make and execute
all bonds, notes, contracts, administer oaths, and written
obligations authorized by the board. As a member of the
board, he is a presiding officer (KRS 83A.150[3]).
Like his commission plan counterpart, the mayor cannot
appoint someone to fill in for him while he is temporarily
absent, but instead, a mayor pro-tem is elected from among
the commissioners to serve in his absence. If the mayor's
disability extends for 60 consecutive days, the board may
declare the office to be vacant (KRS 83A.1SO[3]).
Board of Commissioners:
The board of commissioners is composed of four
commissioners and the mayor (KRS 83A.020). All legislative
and executive authority is vested in the board. The
commission:
shall establish all appointive offices;
shall promulgate codes, rules, and regulations necessary
for the health, safety and welfare of the residents of the
city;
shall provide for sufficient revenue to operate the city
and appropriate such funds in an annual budget;
may require any officer or employee of the city to make a
sworn statement regarding the preformance of his official
duties; and
shall create the office of city manager and set the
qualifications for the office (KRS 83A.150[5],[6],[7]).
The board is to meet at least twice a month, at such times
and places as are fixed by ordinance. Special meetings of
the board may be called by the mayor or a majority of the
board. No business other than specified in the call shall
be considered at the special meeting. The mayor presides at
meetings, and in his absence, the mayor pro-tem. Minutes
shall be kept of the proceeding of the board and shall be
signed by the presiding officer and the city clerk (KRS
83A.150[3],[4]).
City Manager:
It is mandatory in a city operating under the city managers
plan that the board of commissioners establish the office
of city manager. The manager is appointed by vote of a
majority of the members on the board for an indefinite term
and shall be removable only by a vote of a majority of the
board. The manager may be removed after the following
procedure. Thirty days prior to the proposed date of
termination, the board shall adopt a preliminary resolution
setting out the reasons for dismissal. The preliminary
resolution may suspend the manager, but he shall continue
to be paid his compensation for the next calender month
following the adoption of the resolution. Upon receipt of
the resolution, the manager may request a full public
hearing before the board. If requested, the board shall
hold such hearing not earlier than 20 days after the
request nor later than 30 days. The board may then adopt a
resolution of removal if necessary (KRS 83A.150[8]).
The board sets qualifications for the manager, which shall
include "professional training or administrative
qualification, with special reference to actual experience
in or knowledge of accepted practice regarding duties of
the office (KRS 83A.150[7])." The manager is the chief
administrative officer of the city, and exercises the
following executive powers and whatever other powers may be
delegated to him by ordinance. The manager:
shall have direct responsibility to the board for the
proper administration of all duties assigned to him;
shall recommend personnel decisions to the board for its
action;
may appoint persons to temporary positions without approval
of the board subject to such conditions as may be imposed
by the board;
shall prepare and submit a budget proposal to the board and
be responsible for its administration once adopted;
shall keep the board advised of the financial condition of
the city and make recommendations as he deems advisable;
shall maintain liaison with other local governments
regarding interlocal contracting and joint activities;
shall supervise all city departments and the conduct of the
employees and officers, and require reports from such as
deemed desirable;
shall enforce the city manager's plan, ordinances, and
applicable statutes;
shall promulgate procedures to insure the orderly
administration of the functions of the city, subject to
approval by the board (KRS 83A.150[7],[9]).
The city manager may declare delegate powers and duties to
subordinate officers, and all such delegations shall be by
municipal order (KRS 83A.150[9]).
Assignation of Plan:
As of the effective date of the Municipal Code (July 15,
1980), all cities in Kentucky, execpt for Louisville and
Lexington Fayette Urban-County, ceased to be organized in
accordance with the old law, and become organized under one
of the three organizational plans. Cities of the second
through the fifth classes which were organized under the
mayor-council plans contained in KRS chapters 84 to 87 were
organized as mayor-council cities pursuant to KRS 83A.130.
Cities organized under the commission plans contained in
KRS 89.110-89.380 and cities of the sixth class organized
under the Board of Trustees plan of KRS chapter 88 were
organized as commission plan cities pursuant to KRS
83A.140. Cities organized under the city manager plan of
KRS 89.390-89.690 were organized as city manager plan
cities pursuant to KRS 83A.150.
Procedure to Change Plan:
A city may change its plan of government, if approved by
the residents of the city, pursuant to the procedure
outlined for public questions under KRS 83A.120. Any city
may elect to be governed under any of the three plans.
However, a city may not change its plan of government more
often than every five years.
When a change has been approved by the voters, the
effective date of the change will depend upon when the
proper number of legislative body members can be secured.
If the new plan results in a reduction of members, the
effective date will be the date of the expiration of the
terms of the members, if they are all elected at the same
time, or if the members are elected on a staggered basis,
when the terms of enough members have expired to have
compliance. If the change results in an increase in
membership of the legislative body, the effective date
shall be at the time a sufficient number of members can be
elected. A city shall be in compliance in no more than two
years after the adoption of the new plan by the voters.
After the change, the corporate entity of the city shall
remain in the same, and all statutes of ordinances in force
not inconsistent with the new plan shall remain in effect
(KRS 83A.160).
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