Statement of reason for removal -- Prohibition against creating or altering
elected office.
(1) All nonelected city offices shall be created by ordinance which shall specify:
(a) Title of office;
(b) Powers and duties of office;
(c) Oath of office; and
(d) Bond, if required.
(2) A city may create nonelected offices other than those referred to in this subsection.
For purposes of the requirements of this section, the following shall be considered
nonelected offices:
(a) City clerk;
(b) City manager;
(c) City administrator;
(d) Chief of police; and
(e) Fire chief, other than a volunteer fire chief.
(3) All nonelected city officers shall be appointed by the executive authority of the city
and, except in cities of the first class, all these appointments shall be with approval
of the city legislative body if separate from the executive authority. The officers
may be removed by the executive authority at will unless otherwise provided by
statute or ordinance. Upon removal of a nonelected officer at will, the executive
authority shall give the officer a written statement setting forth the reason or reasons
for the removal. However, this requirement shall not be construed as limiting in any
way the at-will dismissal power of the executive authority.
(4) Each appointed and elected city office existing upon adoption of this chapter shall
continue until abolished by ordinance, except that the offices of mayor and
legislative body members may not be abolished. No abolition of any elected office
shall take effect until expiration of the term of the current holder of the office. No
ordinance abolishing any elected office shall be enacted later than two hundred forty
(240) days preceding the regular election for that office, except in the event of a
vacancy in the office.
(5) No city may create any elected office. Existing elected offices may be continued
under provision of subsection (4) of this section, but no existing elected office may
be changed.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 271, sec. 2, effective July 15, 2002. -- Amended
2001 Ky. Acts ch. 118, sec. 1, effective June 21, 2001. -- Amended 1992 Ky. Acts
ch. 435, sec. 9, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 70, sec. 1,
effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 434, sec. 3, effective July 15,
1982. -- Created 1980 Ky. Acts ch. 235, sec. 8, effective July 15, 1980.
Legislative Research Commission Note (6/21/2001). A reference to "subsection (3)" in
subsection (5) of this statute has been changed in codification to "subsection (4)"
under KRS 7.136(1)(e) and (h). In 2001 Ky. Acts ch. 118, sec. 1, subsection (3) was
renumbered as subsection (4), but an internal reference in the existing language of
this statute was overlooked.
Notes of Decisions
Patterson v. City of Earlington, 650 F. Supp. 2d 674 (W.D. Ky. 2009).
· cites it 5× “A short while later, he opened the envelope and found a letter dated January 4, 2007, which read: “This letter is a formal notice of your removal as Earlington chief of police, effective immediately (KRS 83A.”
Pearce v. Univ. of Louisville ex rel. Bd. of Trs., 448 S.W.3d 746 (Ky. 2014).
“And per our crystal clear language, that is all we held. We indicated that “[n]oth-ing in our holding prohibits a mayor from discharging an officer at his or her discretion [pursuant to KRS 83A.”
City of Munfordville v. Sheldon, 977 S.W.2d 497 (Ky. 1998).
· cites it 4× “Instead, the Court of Appeals held Sheldon was entitled to a hearing before the mayor, because the mayor in fifth-class cities is the executive appointing authority given the power by KRS 83A.”
McCloud v. Whitt, 639 S.W.2d 375 (Ky. Ct. App. 1982).
· cites it 2× “Now, KRS 83A.080(2) places the appointment power in the executive authority of the city, here the mayor, with the approval of city council, and the *377 removal power in the mayor “at will unless otherwise provided by law.”
Howard v. City of Indep., 199 S.W.3d 741 (Ky. Ct. App. 2005).
· cites it 2× “35(D) for purposes of KRS 83A.080 are the City Clerk, City Treasurer, City Attorney, Budding Inspector, Zoning Administrator and City Administrator.”
Shelton v. Brown, 71 F. Supp. 2d 708 (W.D. Ky. 1998).
· cites it 3× “” KRS 83A.080(2) provides that non-elected city officers (such as the police chief) may be removed by the executive authority (the Mayor) “at will unless otherwise provided by statute or ordinance.”
Taylor v. Carter, 333 S.W.3d 437 (Ky. Ct. App. 2010).
· cites it 2× “0S0(8); and (3) by nominating, appointing, and approving its own candidate to serve on the City Ethics Committee, contrary to the provisions of KRS 83A.080, which indicate that all non-elected city officers shall be appointed by the mayor with the approval of the city council.”
Preston v. Floyd/Johnson Cnty. Pilots Ass'n, 867 S.W.2d 474 (Ky. Ct. App. 1993).
· cites it 4× “e 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…”
Clark Cnty. Attorney v. Travis Thompson (Ky. Ct. App. 2021).
· cites it 4× “The fact that Thompson’s police position is not an “office” would seem to foreclose either constitutional or common law incompatibility, but we will briefly address those in the interest of completeness and to demonstrate how our KRS 83A.080 analysis is in alignment with other…”
Michael Schell v. Troy L. Young (Ky. Ct. App. 2021).
· cites it 3× “As previously discussed, Lawrenceburg has enacted ordinances which provide for a two-year term of office for the Chief of Police and the City Clerk.”
Henry v. Horse Cave City (W.D. Ky. 2025).
“Kentucky Police Officers’ Bill of Rights Defendants argue that Henry was an at-will employee because KRS 15.520 is inapplicable, which Henry disputes.”
Trulock (W.D. Ky. 2026).
“520 is inapplicable; (ii) Trulock did not properly appeal his termination, so his claims are waived; (iii) Trulock did not have a protected property or liberty interest, and, if he did, he was provided with a hearing; and (iv) Trulock’s official-capacity claim against Mayor…”
— Ky. Rev. Stat. § 83A.080(1) — 1 case
Clark Cnty. Attorney v. Travis Thompson (Ky. Ct. App. 2021).
“The fact that Thompson’s police position is not an “office” would seem to foreclose either constitutional or common law incompatibility, but we will briefly address those in the interest of completeness and to demonstrate how our KRS 83A.080 analysis is in alignment with other…”
— Ky. Rev. Stat. § 83A.080(2) — 5 cases
Pearce v. Univ. of Louisville ex rel. Bd. of Trs., 448 S.W.3d 746 (Ky. 2014).
“And per our crystal clear language, that is all we held. We indicated that “[n]oth-ing in our holding prohibits a mayor from discharging an officer at his or her discretion [pursuant to KRS 83A.”
City of Munfordville v. Sheldon, 977 S.W.2d 497 (Ky. 1998).
“Instead, the Court of Appeals held Sheldon was entitled to a hearing before the mayor, because the mayor in fifth-class cities is the executive appointing authority given the power by KRS 83A.”
McCloud v. Whitt, 639 S.W.2d 375 (Ky. Ct. App. 1982).
“Now, KRS 83A.080(2) places the appointment power in the executive authority of the city, here the mayor, with the approval of city council, and the *377 removal power in the mayor “at will unless otherwise provided by law.”
Shelton v. Brown, 71 F. Supp. 2d 708 (W.D. Ky. 1998).
“” KRS 83A.080(2) provides that non-elected city officers (such as the police chief) may be removed by the executive authority (the Mayor) “at will unless otherwise provided by statute or ordinance.”
Preston v. Floyd/Johnson Cnty. Pilots Ass'n, 867 S.W.2d 474 (Ky. Ct. App. 1993).
“e 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…”
— Ky. Rev. Stat. § 83A.080(2)(a) — 1 case
Michael Schell v. Troy L. Young (Ky. Ct. App. 2021).
“As previously discussed, Lawrenceburg has enacted ordinances which provide for a two-year term of office for the Chief of Police and the City Clerk.”
— Ky. Rev. Stat. § 83A.080(2)(d) — 1 case
Clark Cnty. Attorney v. Travis Thompson (Ky. Ct. App. 2021).
“The fact that Thompson’s police position is not an “office” would seem to foreclose either constitutional or common law incompatibility, but we will briefly address those in the interest of completeness and to demonstrate how our KRS 83A.080 analysis is in alignment with other…”
— Ky. Rev. Stat. § 83A.080(3) — 6 cases
Patterson v. City of Earlington, 650 F. Supp. 2d 674 (W.D. Ky. 2009).
“A short while later, he opened the envelope and found a letter dated January 4, 2007, which read: “This letter is a formal notice of your removal as Earlington chief of police, effective immediately (KRS 83A.”
Howard v. City of Indep., 199 S.W.3d 741 (Ky. Ct. App. 2005).
“35(D) for purposes of KRS 83A.080 are the City Clerk, City Treasurer, City Attorney, Budding Inspector, Zoning Administrator and City Administrator.”
Taylor v. Carter, 333 S.W.3d 437 (Ky. Ct. App. 2010).
“0S0(8); and (3) by nominating, appointing, and approving its own candidate to serve on the City Ethics Committee, contrary to the provisions of KRS 83A.080, which indicate that all non-elected city officers shall be appointed by the mayor with the approval of the city council.”
Michael Schell v. Troy L. Young (Ky. Ct. App. 2021).
“As previously discussed, Lawrenceburg has enacted ordinances which provide for a two-year term of office for the Chief of Police and the City Clerk.”
Henry v. Horse Cave City (W.D. Ky. 2025).
“Kentucky Police Officers’ Bill of Rights Defendants argue that Henry was an at-will employee because KRS 15.520 is inapplicable, which Henry disputes.”
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