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JUST ASK: Why are the mayor and city clerk still on the job?

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  Why are the mayor and city clerk still on the job?

If they were employed by any other business or company they would have been fired months ago.

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The mayor and clerk are facing several charges. They have not been found guilty on any count.

Laura Milam Ross, managing counsel for Member Legal Services for the Kentucky League of Cities, responded in an email to a similar question.

“Kentucky law gives the council (the right) to remove only elected officials (i.e., the mayor or council members), and only for incapacity, misconduct, or willful neglect of official duties. There are also strict legal procedures that accompany the removal of an elected office.

“Other officers and employees, including the city clerk, can only be terminated by the executive authority of the city – i.e., the mayor. The council cannot terminate a city employee or nonelected city officer.”

With a unanimous vote and after a public hearing, city council could remove the mayor from office for “misconduct, incapacity or willful neglect in the performance of his duties of his office.” The mayor would be entitled to representation by legal counsel and can appeal the removal vote in circuit court.

If a vacancy occurs in the office of mayor, the legislative body must fill the vacancy by appointment within 30 days, by state law. If the council fails to fill the vacancy within 30 days, it will be filled by the governor.