Kentucky Statutes 100.157 – Removal — Effect of compact — Membership upon establishment of consolidated local government
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(1) Any member of a planning commission may be removed by the appropriate appointing authority for inefficiency, neglect of duty, malfeasance, or conflict of interest. Any appointing authority who exercises the power to remove a member of the planning commission shall submit a written statement to the commission setting forth the reasons for removal, and the statement shall be read at the next meeting of the planning commission, which shall be open to the general public. The member so removed shall have the right of appeal in the Circuit Court.
(2) Notwithstanding subsection (1) of this section, and KRS § 100.143, when a city of the first class and a county containing such city have in effect a compact pursuant to KRS § 79.310 to KRS § 79.330, the terms of the appointed members on the commission shall be for three (3) years and until their successors are appointed and qualified. Upon the effective date of the compact, the mayor, and county judge/executive with the approval of the fiscal court, shall adjust the terms of the sitting members so that the terms of one (1) of each of their appointments expire in one (1) year, the term of one (1) of each of their appointments expire in two (2) years and the term of one (1) of each of their appointments expire in three (3) years. Upon expiration of these staggered terms, successors shall be appointed for a term of three (3) years.
(3) Notwithstanding subsections (1) and (2) of this section, and KRS § 100.143, 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 compact pursuant to KRS § 79.310 to KRS § 79.330, the terms of the appointed citizen members of the planning commission shall be for three (3) years and until their successors are appointed and qualified, and the term of office of members appointed shall be staggered. Members appointed to the planning commission prior to consolidation of a city of the first class and the county containing the city pursuant to KRS Chapter
67C shall continue to serve as members of the planning commission for the consolidated local government, and shall serve the remainder of the terms for which the members were appointed and until their successors are appointed and qualified pursuant to KRS § 100.137(2).
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 138, effective July 15, 2002. — Amended 1986 Ky. Acts ch. 77, sec. 19, effective July 15, 1986. — Created 1966 Ky. Acts ch. 172, sec. 16.
(2) Notwithstanding subsection (1) of this section, and KRS § 100.143, when a city of the first class and a county containing such city have in effect a compact pursuant to KRS § 79.310 to KRS § 79.330, the terms of the appointed members on the commission shall be for three (3) years and until their successors are appointed and qualified. Upon the effective date of the compact, the mayor, and county judge/executive with the approval of the fiscal court, shall adjust the terms of the sitting members so that the terms of one (1) of each of their appointments expire in one (1) year, the term of one (1) of each of their appointments expire in two (2) years and the term of one (1) of each of their appointments expire in three (3) years. Upon expiration of these staggered terms, successors shall be appointed for a term of three (3) years.
Terms Used In Kentucky Statutes 100.157
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- City: includes town. See Kentucky Statutes 446.010
- Commission: means planning commission. See Kentucky Statutes 100.111
- Fiscal court: means the chief body of the county with legislative power, whether it is the fiscal court, county commissioners, or otherwise. See Kentucky Statutes 100.111
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Year: means calendar year. See Kentucky Statutes 446.010
(3) Notwithstanding subsections (1) and (2) of this section, and KRS § 100.143, 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 compact pursuant to KRS § 79.310 to KRS § 79.330, the terms of the appointed citizen members of the planning commission shall be for three (3) years and until their successors are appointed and qualified, and the term of office of members appointed shall be staggered. Members appointed to the planning commission prior to consolidation of a city of the first class and the county containing the city pursuant to KRS Chapter
67C shall continue to serve as members of the planning commission for the consolidated local government, and shall serve the remainder of the terms for which the members were appointed and until their successors are appointed and qualified pursuant to KRS § 100.137(2).
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 138, effective July 15, 2002. — Amended 1986 Ky. Acts ch. 77, sec. 19, effective July 15, 1986. — Created 1966 Ky. Acts ch. 172, sec. 16.