75.031 Trustees, elections, appointments, terms -- Continued service upon establishment of consolidated local government -- Vacancies -- Removal -- Elections for part of trustees -- Officers. - Kentucky Statutes

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75.031 Trustees, elections, appointments, terms -- Continued service upon establishment of consolidated local government -- Vacancies -- Removal --
Elections for part of trustees -- Officers. (1) (a) Upon creation of a fire protection district or a volunteer fire department district as provided in KRS 75.010, the affairs of the district shall be
conducted by the board of trustees consisting of seven (7) members, four (4)
to be elected by the members of the district as hereinafter set out and three (3)
to be appointed by the county judge/executive or mayor in a consolidated local
government pursuant to the provisions of KRS 67C.139. Two (2) members of
the board of trustees shall be elected by the members of the firefighters of the
district and shall be members of the district. Two (2) members of the board of
trustees shall be property owners who own real or personal property which is
subject to the fire protection tax pursuant to KRS 75.040, who personally
reside in the district, and who are not active firefighters and shall be elected by
the property owners of the district. Property owners voting to select
representatives to the board of trustees shall have attained the age of eighteen
(18). The county judge/executive of the county in which the greater part of the
district is located shall, with the approval of the fiscal court, appoint three (3)
members of the board of trustees. In counties containing a city of the first
class, trustees appointed by the county judge/executive to serve in volunteer
fire prevention districts shall reside within the boundaries of that county. In
counties governed by a consolidated local government, trustees appointed by
the mayor to serve in volunteer fire prevention districts shall reside within the
boundaries of the consolidated local government. At the first election held
after the district is formed, one (1) firefighter shall be elected to serve on the
board of trustees for a period of one (1) year and one (1) for a period of three
(3) years, and one (1) nonfirefighter property owner shall be elected to serve
on the board of trustees for a period of two (2) years and one (1) for a period
of four (4) years. On the expiration of the respective terms, the successor to
each shall have the same qualifications as his or her predecessor and shall be
elected for a term of four (4) years. The original appointed members of the
board of trustees shall be appointed for terms of one (1), two (2), and three (3)
years respectively. On the expiration of the respective terms, the successors to
each shall be appointed for a term of three (3) years. Upon the establishment
of a consolidated local government, incumbent members shall continue to
serve until the expiration of their current term of office. In the event of a
vacancy in the term of an appointed or elected trustee, the county
judge/executive shall appoint with the approval of the fiscal court a trustee for
the remainder of the term, except in a county containing a consolidated local
government. In a county containing a consolidated local government, the
mayor pursuant to the provisions of KRS 67C.139 shall appoint a trustee for
the remainder of the term. (b) An appointed trustee may be removed from office as provided by KRS 65.007. (c) No person shall be an elected trustee who, at the time of his or her election, is not a citizen of Kentucky and has not attained the age of twenty-one (21). (d) Unless otherwise provided by law, an elected firefighter trustee may be removed from office by the mayor of a consolidated local government, or in a
county not containing a consolidated local government, by the county
judge/executive of the county in which the greater part of the district is
located. An elected firefighter trustee may be removed after a hearing with
notice as required by KRS Chapter 424, for inefficiency, neglect of duty,
malfeasance, or conflict of interest. The hearing shall be initiated and chaired
by the county judge/executive of a county or the mayor of a consolidated local
government, who shall prepare a written statement setting forth the reasons for
removal. The trustee to be removed shall be notified of his or her proposed
removal and the reasons for the proposed removal by registered mail sent to
his or her last known address at least ten (10) days prior to the hearing. The
person proposed to be removed may employ counsel to represent him or her.
A record of the hearing shall be made by the county judge/executive or mayor
respectively. (e) The removal of an elected firefighter trustee of a fire protection district shall be subject to the approval of the fiscal court of the county in which the greater
part of the district is located in those counties not containing a consolidated
local government or the legislative council in a county containing a
consolidated local government. (f) An elected firefighter trustee removed pursuant to paragraphs (c) and (d) of this subsection may appeal, within ten (10) days of the rendering of the
decision of the fiscal court or legislative council, respectively, to the Circuit
Court of the county in which the greater part of the district is located. The
scope of the appeal shall be limited to whether the county judge/executive,
mayor, legislative council, or the fiscal court respectively, abused their
discretion in removing the trustee. (2) The elective offices of members of the board of trustees shall be filled by an election to be held once each year on the fourth Saturday of June between the hours
of 11:00 a.m. and 2:00 p.m. The polls shall be located at the principal fire house in
the district. The date, time, and place of the election shall be advertised in
accordance with KRS 424.120. This notice shall be advertised at least thirty (30)
days prior to the election date and shall include the names and addresses of the
candidates to be voted on for each position of trustee. In lieu of the published notice
for the election of the firefighter trustees, written notice containing the information
required to be advertised may be sent by first-class mail to each member of the
firefighters of the fire protection district or volunteer fire department district,
addressed to the firefighter at his or her residence, at least thirty (30) days prior to
the election date. The nominations for candidates for trustees both representing the
firefighters and the property owners residing in the district shall be made in
accordance with the bylaws of the department. The terms of the three (3) trustees
appointed by the county judge/executive or mayor shall start at the same time as the terms of the elected trustees. On or before the beginning of the second fiscal or
calendar year, depending on which basis the fire protection or volunteer fire
department district is being operated, after June 16, 1966, all departments organized
prior to June 16, 1966, shall increase their boards of trustees from three (3) to seven
(7) members and elect the elective members in the manner set forth herein. (3) The trustees shall elect from their number a chairman, a secretary, and a treasurer, the latter of whom shall give bond in an amount as shall be determined by the
county judge/executive of the county in which the greater part of the fire protection
district is located or the mayor in a consolidated local government, conditioned
upon the faithful discharge of the duties of his or her office, and the faithful
accounting for all funds which may come into his or her possession as treasurer.
The premiums on the bonds shall be paid out of the funds of the district. Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 92, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 346, sec. 76, effective July 15, 2002. -- Amended 2000 Ky. Acts
ch. 348, sec. 1, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 127, sec. 2,
effective July 15, 1996; and ch. 136, sec. 2, effective July 15, 1996. -- Amended
1980 Ky. Acts ch. 18, sec. 5, effective July 15, 1980. -- Amended 1978 Ky. Acts
ch. 175, sec. 1, effective June 17, 1978; and ch. 384, sec. 20, effective June 17, 1978.
-- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978.
-- Amended 1976 Ky. Acts ch. 336, sec. 1. -- Created 1966 Ky. Acts ch. 97, sec. 2.