Kentucky law requires the compensation of City employees and non-elected officials to be set by Ordinance.
“The legislative body of each city shall fix the compensation of city employees and nonelected city officers in accordance with a personnel and pay classification plan which shall be adopted by ordinance.”
West Buechel’s Code of Ordinances § 31.36(D) specifically addresses the compensation and conditions of employment for the City Clerk-Treasurer:
Compensation authorized to be paid the City Clerk-Treasurer for conditions of employment and services shall be fixed by the City Council by ordinance.”
The “personnel and pay classification plan” required by KRS 83A.070(2), in general, including the compensation for the City Clerk-Treasurer, is contained in the City’s Personnel Policy and Procedures Handbook which has been adopted by Ordinance, by reference.
West Buechel Code § 37.01 ADOPTION BY REFERENCE.
(A) The policies and procedures, compensation plan and classification plan of the city is hereby adopted by reference as if fully set out herein.
(B) All employees now employed, and those employed in the future, shall be furnished a copy of the policies and shall attest in writing to the Mayor and Council that they have received the policies examined it and understand the contents herein. Employees shall also certify that they have had an opportunity to ask questions concerning same.
(C) A full and complete copy of the policies is on file in the Office of City Clerk-Treasurer.
West Buechel’s Personnel Policy and Procedures Handbook, as it existed and was readily available in print on January 1, 2015, when Rick Richards took office as Mayor, set the maximum hourly pay for City Clerk-Treasurer at $24.34.
In January, 2015, Kim Richards undertook the duties of City Clerk-Treasurer at $26.00 per hour. For calendar year 2015, Kim Richards was paid in excess of $60,000.
In 2016, Mayor Rick Richards unilaterally increased Kim Richards’ hourly pay to $28.00. Through July 9, 2016, Kim Richards had already received pay from the City in excess of $55,000.
The amount of pay received by Kim Richards in excess of $24.34 per hour has never been authorized by West Buechel’s City Council.