ORDINANCE NO. __________, SERIES 2017
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AN ORDINANCE AMENDING CHAPTER 39.060 OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES RELATING TO CONSTABLE PAYMENT
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SPONSORED BY: COUNCIL MEMBERS HOLLANDER AND ENGEL
WHEREAS, the Kentucky Court of Appeals issued an opinion in the case of David Whitlock v. Louisville Metro Government, et al, Case No. 2013-CA-000681, finding Louisville/Jefferson County Metro Government Code of Ordinances ("LMCO") Chapter 39.060 to be in conflict with KRS 64.200 regarding the pay rate for constables in cities of the first class (see attached opinion); and
WHEREAS, Louisville/Jefferson County Metro Council amends LMCO 39.060 to comply with the ruling issued by the Kentucky Court of Appeals.
BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: LMCO ? 39.060 is hereby amended as follows:
(A) Each elected Jefferson County Constable who desires any payment pursuant to KRS 64.210 for the use of his or her personal automobile in the performance of his or her official duties under any statute of the Commonwealth of Kentucky shall present to the Chief Financial Officer, or his or her designee (hereinafter the "CFO") for each month in which the Constable seeks payment, on forms prescribed by the CFO, all of the following:
(1) Current automobile operator's license;
(2) Vehicle registration of the automobile which he or she is claiming is utilized in the performance of his or her official duties; and
(3) A completed mileage reimbursement form for the month during which payment is claimed. Upon completion and certification of the mileage reimbursement form, each Constable shall be paid at the rate established in the current Metro Government policies with regard to vehicle mileage reimbursement not to exceed $200 per month. Any change in a Constable's vehicle registration or operator's license shall be r...
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