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HomeMy WebLinkAboutOrdinances Book 16, Page 151, No Ordinance Number151 _-K AN ORDINANCE PRESCRIBING AND REGULATING PROCEDURE BEFORE THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, IN CASES ARISING UNDER KRS 84.370, RELATING TO THE REMOVAL OF EXECUTIVE, MINISTERIAL AND JUDICIAL OFFICERS OF SAID CITY. WHEREAS, Section 160 of the Constitution of the Commonwealth of Kentucky provides that the General Assembly of said Commonwealth shall prescribe the manner in and causes for which officers of the towns and cities of Kentucky may be removed from office; and WHEREAS, said General Assembly has enacted Section 84.370 of the Kentucky Revised Statutes, providing that executive, minister- ial and judicial officers of cities of the second class, unless otherwise provided by law, may be removed by the Board of Aldermen of such cities, sitting as a court under oath, upon charges pre- ferred by the Mayor or any two members of the Board of Councilmen. or, in case of charges against the Mayor, upon charges preferred by the Board of Councilmen; and WHEREAS, the City of Paducah, Kentucky, is a city of the second class which is no longer operating under the general charter law applicable to cities of such class but is operating under the city manager form of government provided by KRS 89.380 to 89.680, inclusive, and said city does not have wither a Board of Aldermen or a Board of Councilmen; and WHEREAS, under the provisions of KRD 89.500 all the legislative, executive and administrative powers of said city are vested in its Board of Commissioners, and under the provisions of KRS 89.400 all laws applicable to and governing cities of the second class and not inconsistent with the provisions of Chapter 89 of the Kentucky Revised Statutes relating to the city manager form of government con- tinue to apply to and govern cities of the second class having the city manager form of government, including the City of Paducah; and WHEREAS, there exists a need for the provision by ordinance of regulations governing the procedure to be followed in said City of Paducah in cases under KRS 84.370, relating to the removal of executive, ministerial and judicial officers of said city; now. therefore, 152 BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Except as provided in Section 2 hereof, charges of misconduct in office may be preferred against any executive, ministerial or judicial officer of the City of Paducah, Kentucky, by the Mayor or any two members of the Board of Commissioners. Such charges shall be in writing, shall be signed by the persons pre- ferring same, and shall be filed with the City Clerk. SECTION 2. The provisions of this ordinance shall not apply to (a) any officer for whom the procedure for removal from office is prescribed by KRS 89.530, (b) any officer or employee for whom the procedure for removal from office or employment is provided by Chapter 90 of the Kentucky Revised Statutes, relating to city civil service, or by Chapter 95 of the Kentucky Revised Statutes, relating to city police and fire departments, or (c) any officer or employee who serves at the pleasure of the appointing authority. SECTION 3. A copy of the charges, together with a notice of the date, time and place of the hearing of same, shall be served upon the accused by a police officer of said city, and reasonable notice of the hearing shall be given. Each and every allegation of the charges shall be deemed traversed and no pleading responsive thereto shall be required, but the accused may file with the City Clerk such motions or pleadings as he deems necessary at any time prior to the hearing. In all proceedings under this ordinance, the person preferring the charges shall be styled the complainant and the accused shall be styled the respondent. SECTION 4. The charges shall be heard and determined by the Board of Commissioners sitting as a court under oath, as provided by KRS 84.370, and a vote of two-thirds of the members of said Board shall be required for conviction and removal. The members of the Board shall be administered the constitutional oath as members of the said court under Section 228 of the Constitution of Kentucky and shall also be sworn to well and truly try the charges and to render a decision in accordance with the law and the facts. Said oath shall be administered by the City Clerk.' 153 SECTION 5. All evidence shall be given in open hearing and under oath, which oath shall also be administered by the City Clerk and the order of production of evidence and the rules of evidence shall be the same as provided by law for actions in the circuit court. The respondent shall have the right to be represented by counsel, to produce evidence in his own behalf, to have compulsory process for the attendance of witnesses, and to cross-examine the witnesses against him. He shall also be accorded any other right to which he is entitled under the Constitution and laws of Kentucky and the Constitution and laws of the United States of America. SECTION 6. The charges shall be prosecuted by the corporation counsel of the City of Paducah or, at the option of the Board of Commissioners, by special counsel designated and employed by said Board. If such special counsel is employed, his compensation shall be fixed by the Board of Commissioners and paid by the City of Paducah. SECTION 7. Either party may obtain from the City Clerk subpoena for as many witnesses as may be desired and all such subpoenas shall be served by police officers of the City of Paducah without cost to the parties, provided such service can be effected within the city. All evidence and proceedings at the hearing shall be stenographically reported by a reporter designated by the Board of Commissioners and thereafter transcribed upon the typewriter, the cost of such reporting and transcribing to be paid by the City of Paducah. SECTION 8. Any person who willfully disobeys any subpoena issued under Section 7 of this ordinance, after due service of said subpoena upon him, or who refuses to testify pursuant thereto, shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10.00 nor more than $100.00, or by imprisonment in the City Jail for not less than ten days nor more than thirty days, or both. SECTION 9. This ordinance shall be in force and effect from and after its adoption. r / ZO"" Lz/. Zl% c 2a c u i Mayor Passed by the Board of Commissioners May 16. 1967 Recorded by Sarah Thurman, City Clerk, May 16, 1967.