(1) In KRS 90.310 to 90.410, unless the context requires otherwise:
(a) "Administrative or directorial position" means the head of a department of
municipal government;
(b) "Appointing authority" means the officer, commission, board or body having
the power of appointment or removal in any office, department, commission,
board or institution;
(c) "Civil service" means the offices and positions of trust or employment in the
service of the city not specifically excluded by KRS 90.310 to 90.410 or by
ordinance of the city as provided in KRS 90.310;
(d) "Commission" means the board of civil service commissioners as established
under KRS 90.310;
(e) "Dismissal" means the discharge of an employee;
(f) "Employee" means any person employed in the conduct of municipal affairs,
but the term shall not include the mayor, city manager, city administrative
officer, or an administrative or directorial position. The term "employee" shall
not include the offices of the board of health, members of the planning and
zoning commission, the board of trustees of the public library, members of the
housing authority, municipal hospital commission or the trustees, members or
corresponding officers of similar boards or commissions, persons employed
on temporary and special projects or to persons whose regular employments
with the city are seasonal and are less than nine (9) months in any one (1)
year, persons in a class of employees designated by ordinance to be non-civil-
service positions, and the city clerk or city assessor; and
(g) "Pension fund" means the moneys derived from the employees and the levy of
a special tax, either or both, or any other sum derived from any other source,
to be used for the retirement of employees after the prescribed years of service
and for the benefit of disabled employees, and surviving spouses and
dependent children in the case of death of an employee within the scope of his
employment according to the terms of KRS 90.310 to 90.410 and the
ordinance of the city.
(2) The provisions of KRS 90.310 to 90.410 are independent of and do not affect the
laws governing the police and fire departments, nor their pension funds, as provided
in KRS Chapter 95.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 78, effective January 1, 2015. --
Amended 2000 Ky. Acts ch. 178, sec. 1, effective July 14, 2000. -- Amended 1982
Ky. Acts ch. 307, sec. 1, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 386,
sec. 12. -- Amended 1950 Ky. Acts ch. 180, sec. 1. -- Amended 1946 Ky. Acts ch.
50, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. secs. 3235h-1, 3235h-11, 3235h-11a, 3480e-1, 3480e-11.
Notes of Decisions
Cited in
8
cases, 1945–1980 · leading case:
Black v. Sutton, 191 S.W.2d 407 (Ky. Ct. App. 1945).
Black v. Sutton, 191 S.W.2d 407 (Ky. Ct. App. 1945).
“040 • all nonelective offices, including that of city attorney, can then under a civil service ordinance pursuant to KRS 90.300 to 90.990 appoint a city attorney in the guise and under the name of an employee so that he may be perpetuated in office.”
City of Owensboro v. Bd. of Trs., Etc., 190 S.W.2d 1005 (Ky. Ct. App. 1945).
“On May 23, 1939, and pursuant to sections 90.300 to 90.990, KBS, the City enacted an ordinance, putting into effect Civil Service for all the departments except the police and fire departments, which two departments were already under Civil Service under a separate act.”
City of Henderson v. Thomy, 212 S.W.2d 303 (Ky. Ct. App. 1948).
· cites it 3× “On this appeal the constitutionality of the Civil Service Statutes applicable to cities of the third class, KRS 90.300 to KRS 90.410, and the validity of certain ordinances of the City of Henderson adopted pursuant thereto, are challenged.”
Turner v. Cole, 559 S.W.2d 170 (Ky. Ct. App. 1977).
· cites it 6× “The first is whether a city of the fourth class can adopt the provisions of KRS 90.300 to KRS 90.420 and apply them to police and fire departments.”
City of Covington v. Crolley, 206 S.W.2d 933 (Ky. Ct. App. 1947).
“The four appeals by the City of Covington are from judgments for salaries, less earnings from other sources, by employees during a period in which they were held to have been discharged in violation of the Civil Service statute, KRS 90.300 et seq, and City Ordinances Nos.”
City of Middlesboro v. Welch, 275 S.W.2d 56 (Ky. Ct. App. 1955).
“as provided by KRS 90.300(2). Nor, indeed, was any ordinance in relation to civil service proved.”
City of Middlesboro v. Harrell, 268 S.W.2d 430 (Ky. Ct. App. 1954).
· cites it 2× “This record does not indicate any, conformity other than that a Civil Service Commission had been created, In any event, KRS 90.300(2) provides: “The provisions of KRS 90.”
Stovall v. City of Scottsville, 605 S.W.2d 767 (Ky. Ct. App. 1980).
“761(3) provides that a city of the fourth or fifth class is authorized to adopt the provisions of KRS 90.300 to 90.420 governing civil service, the same as a city of the third class.”
— Ky. Rev. Stat. § 90.300(2) — 3 cases
City of Middlesboro v. Welch, 275 S.W.2d 56 (Ky. Ct. App. 1955).
“as provided by KRS 90.300(2). Nor, indeed, was any ordinance in relation to civil service proved.”
Turner v. Cole, 559 S.W.2d 170 (Ky. Ct. App. 1977).
“The first is whether a city of the fourth class can adopt the provisions of KRS 90.300 to KRS 90.420 and apply them to police and fire departments.”
City of Middlesboro v. Harrell, 268 S.W.2d 430 (Ky. Ct. App. 1954).
“This record does not indicate any, conformity other than that a Civil Service Commission had been created, In any event, KRS 90.300(2) provides: “The provisions of KRS 90.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.