KLC Director of Municipal Law advises City Commission

Published 10:45 am Wednesday, September 25, 2024

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During meetings of the Winchester City Commission, it’s typical to see Mayor JoEllen Reed and different members of the Commission at the podium and addressing members of the public. 

While the 5:30 p.m. meeting of the Winchester City Commission on Tuesday, September 1, did so, an atypical 3:30 p.m. meeting featured a somewhat different setup. 

Kentucky League of Cities Director of Municipal Law Morgain Patterson addressed members of the City Commission and other local officials on a variety of matters, helping to clarify the role of local government, how meetings should be conducted, and more. 

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“The city officials serve those who serve. Their whole purpose is to provide services to the citizens of the city of Winchester,” Patterson said. “At the end of the day, being an elected official is a noble calling, and so is being a city employee.” 

In addition to Mayor Reed and fellow City Commissioners, those present at the event included Winchester Fire Department Chief Chris Whiteley, Winchester-Clark County Chamber of Commerce Executive Director Cindy Banks, Winchester-Clark County Tourism Commission Executive Director Jill Hamlin, Winchester Police Department Captain Steve Charles, City of Winchester Finance Director Alicia Mayabb, and more. 

After pointing out that Section 156b of the Kentucky Constitution asserts that broad home rule powers can be granted to cities, Patterson noted that – of the three types of organizational plans available to home rule cities – Winchester falls under the City Manager model.

As such, mayors and commissioners share executive and legislative authority, while the mayor is a voting member of the Board of Commissioners. 

While the individual city commissioners do not have the authority to exercise executive and administrative powers on a day-to-day basis, the ultimate authority rests within the city commission as an acting body. 

The Mayor – recognized as head of city government – may operate city government through executive order in the event of a declared state of emergency, 

Patterson spoke of Kentucky Revised Statute (KRS) 65.003, which requires every city to have a Code of Ethics that relates to the issues of nepotism, misuse of confidential information, use of city property, equipment, and personnel, receipt of gifts, and financial disclosures. 

She also pointed out how – during open meetings – there were certain rules that needed to be followed. 

For example, no subjects other than those listed on the agenda may be discussed at a special meeting, 

Special meetings may be called by a mayor or majority of a legislative body, while regular meetings are required to take place at least once a month at a time and place set by ordinance. 

According to state law, phone calls, text messages, and email messages can potentially violate the Open Meetings Act. 

Shortly after her presentation, Patterson took questions from a number of city commissioners and employees in attendance, including Commissioner Shannon Cox. 

With several staff present – including Mayor JoEllen Reed – expressing that they felt they’d learned much from the presentation, City Commissioner Hannah Toole also stated that she hopes it will lead to continued growth. 

“There’s certain things I think that we have to choose to educate ourselves on,” she said. “That’s why we’re elected.”