Saturday, April 18, 2015

Are city code enforcement officers city "officers"?

KRS 83A.080(3) states that all non-elected city officers must be approved by the City Council.

KRS 83A.010(10) defines "officer" as follows:

"Officer" means any person elected to a position by the voters or any person appointed to a position which 
(a) is created by the Constitution, the General Assembly, or a city;
(b) possesses a delegation of a portion of the sovereign power of government;
(c) has powers and duties to be discharged which are conferred directly or by implication by the city;
(d) has duties performed independently and without control of a superior power other than law;
(e) has some permanency;
(f) requires an official oath;
(g) is assigned by a commission or other written authority; and 
(h) provides for an official bond if required by proper authority.
Code enforcement officers do not operate independently and without control of a supervisor.
Code enforcement officers do not routinely handle cash as a part of the job, so they need not be bonded.
Code enforcement officers do not meet each criterion for this definition.

If Code enforcement officers require Council approval, then so do basic police officers but they don't.

Code enforcement officer R. N. did not receive Council approval in 2011, when he started on the job.

So, I say nope, a West Buechel code enforcement officer does not need Council approval as long as his or her additional pay stays within budget. The city's Personnel Policy Handbook (which needs to be updated) establishes basic city job positions, but it does not specify how many slots of each position there are.

What is good for the gander, as they say, is also good for the goose. 

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