76.030 Board of district -- Membership, appointment, qualifications, term, vacancies, removal, compensation -- Effect of compact -- Membership of board upon establishment of consolidated local governm
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76.030 Board of district -- Membership, appointment, qualifications, term,
vacancies, removal, compensation -- Effect of compact -- Membership of board <br>upon establishment of consolidated local government.
(1) Except in counties containing a consolidated local government, the business,
activities, and affairs of such district shall be managed, controlled, and conducted <br>by a board composed of seven (7) members, four (4) of whom shall be appointed by <br>the mayor of such city subject to the approval of the city legislative body, and three <br>(3) of whom shall be appointed by the county judge/executive of such county <br>subject to the approval of the fiscal court, and which seven (7) members thus <br>appointed shall constitute the board of such district. Not more than four (4) <br>members of a seven (7) member board nor more than five (5) members of an eight <br>(8) member board shall be affiliated with the same political party. After March 19, <br>1977, members shall be so selected and appointed so that no more than one (1) <br>member resides in any one (1) state senatorial district. In a county containing a city <br>of the first class, the county judge/executive, with approval of the fiscal court, shall <br>appoint one (1) additional member to the board of such district who may be a <br>resident of any state senatorial district in the county.
(2) Each such member shall be at least twenty-five (25) years of age; each appointed by
the mayor shall be a resident of such city and wherein he shall have actually resided <br>continuously for at least three (3) years next prior to appointment; each appointed <br>by the county judge/executive shall be a resident of such county and wherein he <br>shall have actually resided continuously for at least three (3) years next prior to <br>appointment. No officer or employee of such city or county, whether holding a paid <br>or unpaid position, shall be eligible for appointment as a member of such board.
(3) The term of each of such members shall be four (4) years, ending on July first. A
member is eligible to succeed himself and shall continue in office until his <br>successor has been appointed and qualified. Vacancies in the membership shall be <br>filled for the unexpired portion of the term by the mayor or the county <br>judge/executive as the case may be, subject to the same approval.
(4) Any member of the board appointed by the mayor may be removed by the mayor,
for cause, after hearing by the mayor, and after at least ten (10) days' notice in <br>writing shall have been given to the member, which notice shall embrace the <br>charges preferred against him. At the hearing he may be represented by counsel. <br>The finding of the mayor shall be final and removal results in vacancy in such <br>office. Any member of the board appointed by the county judge/executive may be <br>removed by the county judge/executive, for cause, after hearing by the county <br>judge/executive, and after at least ten (10) days' notice in writing shall have been <br>given to the member, which notice shall embrace the charges preferred against him. <br>At the hearing he may be represented by counsel. The finding of the county <br>judge/executive shall be final and removal results in vacancy in such office.
(5) The members of the board shall be paid seventy-five dollars ($75) for each meeting
of the board attended by such member, and fifty dollars ($50) for attendance at any <br>meeting of a committee which has been authorized or duly appointed by the board. <br>But in no instance shall any member of said board be paid for more than one (1)
meeting per day, nor more than one thousand eight hundred dollars ($1,800) during <br>any fiscal year of the board, nor for more than twenty-four (24) board meetings and <br>twenty-eight (28) committee meetings held during any fiscal year of said board.
(6) Notwithstanding subsection (3) 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, <br>the terms of the members of the board shall be for three (3) years and until their <br>successors are appointed and qualified. Upon the effective date of the compact, the <br>mayor shall adjust the terms of the sitting members appointed by the mayor so that <br>the terms of two (2) members expire in one (1) year, the term of one (1) member <br>expires in two (2) years, and the term of one (1) member expires in three (3) years; <br>the county judge/executive with the approval of the fiscal court shall adjust the <br>terms of the sitting members appointed by the county judge/executive so that the <br>term of one (1) member expires in one (1) year, the term of one (1) member expires <br>in two (2) years, and the term of one (1) member expires in three (3) years. Upon <br>expiration of these staggered terms, successors shall be appointed for a term of three <br>(3) years.
(7) 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 <br>compact pursuant to KRS 79.310 to 79.330, all members of the board shall be <br>appointed by the mayor of the consolidated local government pursuant to the <br>provisions of KRS 67C.139 for a term of three (3) years. Incumbent members upon <br>the establishment of the consolidated local government shall continue to serve as <br>members of the board for the time remaining on their current term of appointment.
Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 346, sec. 77, effective July 15, 2002. -- Amended
1986 Ky. Acts ch. 77, sec. 10, effective July 15, 1986; and ch. 380, sec. 1, effective <br>July 15, 1986. -- Amended 1984 Ky. Acts ch. 193, sec. 1, effective July 13, 1984. -- <br>Amended 1982 Ky. Acts ch. 417, sec. 1, effective July 15, 1982. --Amended 1976 <br>(1st Extra. Sess.) Ky. Acts ch. 13, sec. 27; and ch. 20, sec. 6, effective January 2, <br>1978. -- Amended 1962 Ky. Acts ch. 286, sec. 19. -- Amended 1952 Ky. Acts ch. 70, <br>sec. 1. -- Amended 1948 Ky. Acts ch. 108, sec. 5. -- Created 1946 Ky. Acts ch. 104, <br>sec. 3.
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