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City Officials Legal Handbook - 2019 Edition
JD Chaney, Morgain Patterson, Chris Johnson, Andrea Shindlebower-Main, Courtney Risk-Straw
Verlag BookBaby, 2019
ISBN 9781543958331 , 609 Seiten
Format ePUB
Kopierschutz DRM
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CHAPTER 1: THE LEGAL BASIS FOR KENTUCKY’S CITIES
I. INTRODUCTION
A. What is a City?
American law currently recognizes no concrete definition of a city. The United States Supreme Court stated, “[t]he city is a miniature state.” Paulsen v. City of Portland, 13 S.Ct. 750, 753 (1893). “[T]he municipal corporation exists merely for the benefit of the people in their public capacity within its territorial area.” 1 McQuillin Mun. Corp. § 1:59 (3d ed.). “The purpose of municipal corporations is, first, to serve the local inhabitants in regulating and promoting community affairs, and second, to serve the inhabitants of the state residing in the locality in common state matters as an agency of the state.” 1 McQuillin Mun. Corp. § 2:11 (3d ed.). See Nourse v. City of Russellville, 257 Ky. 525, 78 S.W.2d 761 (1935).
Kentucky currently has 416 cities. These municipalities offer a broad range of services, and home rule authority grants cities wide latitude to provide for the health, safety, and welfare of their citizens. Among the many city services offered are street maintenance, garbage collection, police and fire protection, emergency medical services, parks and recreation, public transportation, water and sewer services, electricity plants, historic preservation, and community events.
B. How a City Relates to State and Federal Government
The sharp distinctions which once existed between the activities of federal, state, and local governments continue to blur as populations grow and the needs and interests of residents become increasingly complex. No level of government can meet the demands placed upon it by relying solely on its own officers and resources. As the dividing lines between the federal, state, and local governments become more and more clouded, a system of shared government has evolved in which all levels of government work interdependently. Consequently, cities exercise critical relationships with state and federal governments to efficiently and adequately serve the public need. “Within the realm of a divided sovereignty based on democratic principles the orderly functioning of every aspect of government performed at each level must be continually watched. The lines of demarcation separating the various areas of governmental authority may tend to dissolve in the interest of more adequate and efficient public service; yet the policy of local control over local affairs serves an equal public purpose, the vital idea of democracy.” 1 McQuillin Mun. Corp. § 3A:1 (3d ed.).
Although cities have an increased interdependence with the state and federal governments, cities remain subordinate to both. The supremacy doctrine means that the federal constitution, as well as the statutes and regulations enacted by Congress and federal agencies, are superior to actions taken by city governments. Likewise, state government has plenary, or absolute, authority over cities, and the legislature can make laws that control the powers and duties of cities.
Municipal ordinances are inferior and subordinate to both state and federal laws. Therefore, city governments are preempted from acting in areas where state and federal laws fully occupy a field or where specific state or federal statutes prohibit local action.
C. Responsibility and Authority of City Officials
City officials are elected to serve the public interest. Municipal officers are not empowered merely for the purpose of generating revenue for the city as a corporation but also “to supply such municipal needs, conveniences, and comforts as will advance the prosperity of the whole community.” 1 McQuillin Mun. Corp. § 1.59 (3rd ed.). Holding public office signifies a position of trust. Individuals occupy municipal offices to efficiently allocate the city’s resources. “[P]ublic corporations are such as are created by the government for political purposes, as counties, cities, towns, and villages; they are invested with subordinate legislative powers to be exercised for local purposes connected with the public good, and such powers are subject to the control of the legislature of the state.” 1 McQuillin Mun. Corp. § 1:60 (3d ed.).
In Kentucky, there are more than 2,600 elected city officials. These officials have statutory responsibilities that must be strictly observed. Additionally, as the Kentucky Supreme Court has held, municipal officers “have implied authority to perform those acts necessary to carry out their prescribed duties.” City of Winchester v. Winchester Bank, 205 S.W.2d 997, 999 (Ky. 1947). City officials are therefore afforded necessary flexibility to most effectively serve the public need.
II. KENTUCKY CONSTITUTIONAL PROVISIONS PERTAINING TO CITY GOVERNMENTS
The current version of the Kentucky Constitution became effective in 1891. Since that time, the majority of the constitutional provisions specifically relating to city government have remained unchanged. The Kentucky Constitution does not explicitly create any city. It does, however, envision cities as a part of the governmental structure of the Commonwealth and establishes an elemental framework allowing cities to be created, organized and operated through acts of the state legislature. For reference purposes, the most important sections of the Kentucky Constitution relating to the creation and organization of city governments are summarized below. These sections and other provisions of the Kentucky Constitution relating to city officers and various aspects of the operation of city government are also referred to in subsequent chapters.
A. Section 152 - Vacancies in Elected Public Offices
Establishes the requirements for filling vacancies in public offices, including city offices.
B. Section 156a - City Classification
In November 1994, the Commonwealth’s voters approved a constitutional amendment creating sections 156a and 156b of the Kentucky Constitution. Section 156a replaced Section 156 (now repealed). Section 156a delegates to the Kentucky General Assembly the authority to provide for the creation, alteration of boundaries, consolidation, merger, dissolution, government, functions and officers of cities. Additionally, Section 156a establishes a set of criteria that may be used by the General Assembly to classify cities. Formerly, Section 156 established six classes of cities based solely on population. Section 156a provides that the General Assembly shall create classifications of cities as it deems necessary based on population, tax base, form of government, geography, or any other reasonable basis. Since the approval of Section 156a, there had been no attempt to reclassify cities using criteria other than population until the passage of House Bill 331 in 2014. HB 331 organized cities into two classes based on their form of government instead of population.
C. Section 156b - Home Rule
Authorizes, but does not require, the General Assembly to grant home rule authority to cities. The General Assembly chose to grant home rule through enactment of KRS 82.082. Home rule authority is discussed in greater detail in Chapter 3.
D. Section 160 - City Officers
Requires mayors (chief executives) and legislative body members to be elected by the voters, except that it allows mayors in fourth, fifth, and sixth class cities to be appointed, if authorized by statute. Currently, the statutes do not authorize appointment of mayors and with the passage of HB 331, fourth, fifth, and sixth class cities no longer exist; so all mayors continue to be elected. Section 160 establishes a four-year term of office for mayors and a two-year term of office for city legislative body members. The section prohibits mayors in first and second class cities from serving more than three consecutive terms; however, it places no limit on the number of terms a mayor may serve in other classes of cities. Finally, Section 160 authorizes the General Assembly to establish the qualifications of all city officers, the causes for which they may be removed from office, and how vacancies in office are to be filled.
E. Section 161 - Compensation of Local Government Officers
The compensation of a city officer “shall not be changed after his election, or appointment, or during his term of office.” Furthermore, it prohibits extending the term of office of any city officer beyond the period for which the officer was elected.
F. Section 165 - Incompatible Offices and Employments
Prohibits any person from simultaneously holding two city offices, either in the same or different cities. It prohibits any person from simultaneously holding a state office and an office or position of employment with a city.
G. Section 167 - Time of Elections
Requires all city and urban county officers to be elected at the general election in November in even-numbered years. Prior to the amendment of Section 167 in 1992, city mayors were elected in...
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