Kentucky Revised Statutes

Ky. Rev. Stat. § 90.310 (2026)

Adoption of civil service ordinance -- Civil service commission

✓ current as of May 2026

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(1) Except as provided in subsection (5) of this section, any city of the home rule class may elect to operate under KRS 90.310 to 90.410, and, by ordinance, create a civil service commission which shall hold examinations as to the qualifications of applicants for municipal employment within the several departments of the city that are designated by ordinance. In all cities of the home rule class, the city may, by ordinance, classify employees and designate the class of employees it desires to include. (2) The mayor, subject to the approval of the city legislative body, shall appoint at least three (3) but no more than five (5) persons who shall constitute the civil service commission of that city. Each appointee shall be at least thirty (30) years of age and not related by either blood or marriage to the mayor or any member of the city legislative body. The appointees shall originally be appointed one (1) for a term of three (3) years, one (1) for a term of two (2) years and all remaining appointments shall be for a term of one (1) year, and the successors to these appointees shall be appointed in like manner, each for a period of three (3) years and until his successor is appointed and qualified. A vacancy shall be filled for the unexpired term in the same manner as original appointments. At the time of any appointment, if the mayor elects to appoint only three (3) commissioners, not more than two (2) commissioners shall be adherents of the same political party. If the mayor elects to appoint more than three (3) commissioners not more than three (3) commissioners shall be adherents of the same political party. The appointee originally appointed for the term of three (3) years shall be secretary of the commission. Each appointee shall qualify by taking an oath of office as required by law. The salaries of the members of the commission may be fixed by the city legislative body. (3) If the appointing authority of any city fails to appoint a civil service commission within thirty (30) days after he has the power to so appoint or after a vacancy exists, the mayor pro tem shall make the appointment and the appointee shall hold office until the expiration of the term and until his successor is appointed and qualified. (4) The civil service commission shall make and enforce rules, not inconsistent with the provisions of KRS 90.310 to 90.410 or the ordinances of the city, for examinations and registrations therefor. (5) No city shall adopt an ordinance pursuant to this section to create a civil service commission during the months of November or December in any even-numbered year. (6) Any city that creates a civil service commission pursuant to this section may repeal or amend the ordinance at the discretion of the city legislative body. The city legislative body shall not repeal any provisions of the ordinance governing the maintenance of a pension fund. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 79, effective January 1, 2015; and ch. 121, sec. 1, effective July 15, 2014. -- Amended 2000 Ky. Acts ch. 178, sec. 2, effective July 14, 2000. -- Amended 1982 Ky. Acts ch. 281, sec. 1, effective July 15, 1982. -- Amended 1968 Ky. Acts ch. 152, sec. 63. -- Amended 1946 Ky. Acts ch. 50, sec. 2. -- Repealed in part 1944 Ky. Acts ch. 107, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3235h-2, 3480e-2. Legislative Research Commission Note (1/1/2015). This statute was amended by 2014 Ky. Acts chs. 92 and 121, which do not appear to be in conflict and have been codified together.

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1945–2024 · leading case: City of Henderson v. Thomy, 212 S.W.2d 303 (Ky. Ct. App. 1948).

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City of Henderson v. Thomy, 212 S.W.2d 303 (Ky. Ct. App. 1948). · cites it 3× “the Kentucky Revised Statutes reads: “(3) When any city of the third class adopts an ordinance under this section for the creation of a pension fund and accepts from its employes a portion of their wages and levies a tax therefor, an inviolable contract shall be created between…”

Turner v. Cole, 559 S.W.2d 170 (Ky. Ct. App. 1977). · cites it 3× “300(2) which provides: The provisions of KRS 90.310 to KRS 90.410 are independent of and do not affect the laws governing the police and fire departments, nor their pension funds, in cities of the second and third classes.”

Stovall v. City of Scottsville, 605 S.W.2d 767 (Ky. Ct. App. 1980). · cites it 11× “If appellant is, in fact, covered by the civil service provisions of KRS 90.310 et seq., his discharge in the absence of charges *769 and a hearing thereon would not be permissible.”

Michael Schell v. Troy L. Young (Ky. Ct. App. 2021). · cites it 3× “442 provides in relevant part that “[a]ny city with a population equal to or greater than eight thousand (8,000) based upon the most recent federal decennial census, may elect to operate under KRS 90.310 to 90.410, and, by ordinance, create a civil service commission.”

Jervis Middleton v. Lexington-Fayette Urban Cnty. Gov't (Ky. Ct. App. 2024). · cites it 3× “520(9) states -18- [t]he provisions of KRS 90.310 to 90.410, 95.450, and 95.765[14] shall not apply in any proposed disciplinary action .”

Black v. Sutton, 187 S.W.2d 731 (Ky. Ct. App. 1945). “as the Civil Service Ordinance, was enacted by the Board on October 21, 1941, and became effective on November 1st, following, and created a civil service commission as authorized by KS 3480e-2 (now KRS 90.310). This ordinance is not made a part of the pleading nor is it filed…”

City of Middlesboro v. Welch, 275 S.W.2d 56 (Ky. Ct. App. 1955). “No ordinance was proved showing the city (which is of the third class) had elected to create a civil service commission and operate its police and fire departments under KRS 90.310 et seq. as provided by KRS 90.”

Campbell v. Meredith, 239 S.W.2d 979 (Ky. Ct. App. 1951). “Prior thereto it had elected to adopt Civil Service under KRS 90.310 and for many years has been operating under that plan.”

Hardesty v. Owensboro Mun. Utils. Comm'n, 700 S.W.2d 798 (Ky. Ct. App. 1985). · cites it 2× “320(1) and (5) require a second- or third-class municipality to open civil service promotional examinations to qualified members of the public at large, except that the city may limit examinations for certain positions to current employees, provided at least three of those…”

City of Middlesboro v. Harrell, 268 S.W.2d 430 (Ky. Ct. App. 1954). · cites it 3× “Middlesboro had created a Civil Service Commission as provided in KRS 90.310. In February members of the common .”

Am. Fed'n of State, Cnty. & Mun. Employees, Local 1586 ex rel. Chism v. City of Paducah, 471 S.W.2d 18 (Ky. Ct. App. 1971). · cites it 2× “KRS 90.310(1), passed in 1946 and amended in 1968, authorized cities of the second class that did not have the system on June 19, 1946, to classify its employees and “designate the class of employes it desires to include.”

— Ky. Rev. Stat. § 90.310(1) — 2 cases

Michael Schell v. Troy L. Young (Ky. Ct. App. 2021). “442 provides in relevant part that “[a]ny city with a population equal to or greater than eight thousand (8,000) based upon the most recent federal decennial census, may elect to operate under KRS 90.310 to 90.410, and, by ordinance, create a civil service commission.”

Am. Fed'n of State, Cnty. & Mun. Employees, Local 1586 ex rel. Chism v. City of Paducah, 471 S.W.2d 18 (Ky. Ct. App. 1971). “KRS 90.310(1), passed in 1946 and amended in 1968, authorized cities of the second class that did not have the system on June 19, 1946, to classify its employees and “designate the class of employes it desires to include.”

— Ky. Rev. Stat. § 90.310(4) — 1 case

Hardesty v. Owensboro Mun. Utils. Comm'n, 700 S.W.2d 798 (Ky. Ct. App. 1985). “320(1) and (5) require a second- or third-class municipality to open civil service promotional examinations to qualified members of the public at large, except that the city may limit examinations for certain positions to current employees, provided at least three of those…”

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