Home Rule Cities
Overview
Section 156a of the Kentucky Constitution delegates power to the Kentucky General Assembly to "create such classification of cities as it deems necessary based on population, tax base, form of government, geography or any other reasonable basis and enact legislation relating to the classifications." It also provides that "all legislation relating to cities of a certain classification shall apply equally to all cities with the same classification."
The Kentucky General Assembly initially provided for six classification of cities. Those classes are based in large part on population though other factors are also considered in establishing a city's classification. The General Assembly amended the existing six classification of cities during its 2014 Legislative Session as found in Chapter 81 of the Kentucky Revised Statutes at Section 81.010. There are currently two classification of cities in Kentucky — Unified Metro Government (Lexington-Fayette County and Louisville-Jefferson County) and Home Rule Cities.
The authority of cities under the former classification system was retained based on population within the new Home Rule Cities. This population breakdown is 100,000 or more; 20,000-99,999; 8,000-19,999; 3,000-7,999; 1,000-2,999; less than 1,000.
The Jefferson County League of Cities categories for membership and amount of dues paid are set up in tiers based on population as outlined in the previous classification system. They are Home Rule Tiers 2, 3, 4, 5, and 6. As of November 2020, here is the tally of JCLC members by tiers:
Home Rule Cities in Jefferson County by JCLC Tiers
Home Rule Tier 2 1
Home Rule Tier 3 3
Home Rule Tier 4 8
Home Rule Tier 5 14
Home Rule Tier 6 54
Total: 80
Forms of Home Rule City Government in Jefferson County, Kentucky
Kentucky Law provides for specific organizational forms of city government. In November 2000, the voters of Jefferson County approved the consolidation of the former City of Louisville with Jefferson County Government. Louisville-Jefferson County Metro Government began operation in January 2003. It is governed by a Mayor and Legislative Council form of government. The autonomous Home Rule Cities in Jefferson Co. have either a Mayor-Council form of government or a Commission form of government. In the Mayor-Council form, the executive authority of the city is vested in and exercised by the Mayor and the legislative authority is vested in and exercised by the Council. In the Commission form, all legislative, executive and administrative authority is vested in and exercised by the Commission.
State Law Affecting Cities in Jefferson County, Kentucky based on population
Many Kentucky statutes grant or deny authority to cities, or otherwise affect cities, based on their population size. Several of the areas where statutes affect cities by population size are listed below.
Property taxes
Home Rule Cities levy property taxes that fund their operations. All residents of Jefferson County pay a county property tax as well. Both property taxes are based on a property valuation determined by the Jefferson Co. Property Valuation Administrator's Office.
Occupational license fee/tax
All Kentucky cities are allowed to levy an occupational license fee/tax for the privilege of working in or conducting business within the city. This general revenue measure may be imposed as a percentage of gross payroll, gross receipts or net profits in Home Rule Cities of the 2nd through 5th Tiers. Tier 6 HR Cities are prohibited from imposing an occupational or business license fee measured as a percentage of gross payroll or net profits. Any fee imposed by a HR Tier 6 City must be based on a flat annual rate.
Restaurant tax
Kentucky Home Rule Cities of the Tier 4 & 5 levels that have established a tourist and convention commission may levy a restaurant tax not to exceed three percent of gross retail sales of restaurants within the city. Receipts are to be dedicated to the funding of the local tourism commission.
Mandatory police and fire departments
Police and fire departments are mandatory in Unified Governments; HR Cities Tier 2 & 3. All other Home Rule Cities may create a police and/or fire department at their option.
Police Department countywide jurisdiction
Certified police officers of Home Rule Cities of Tier 2 thru 5 have full police powers throughout the county in which the city is located. Certified police officers in HR Cities Tier 6 Cities only have police powers within city limits. Police officers in the Lou.-Jeff. Co. Unified Governt. have police powers throughout Jefferson Co.
Planning and zoning powers
In Jefferson Co. the Unified Metro Government and Home Rule Cities of the 2nd, 3rd & 4th Tier's have planning and zoning powers specific to their jurisdictions. That power is granted by state statue to Louisville Metro as well as all Home Rule Cities of Tier's 2, 3, 4. Kentucky statues (KRS 100.137 (3)) provide for counties containing a consolidated government that all legislation implementing a planning and zoning "which affects cities of the first through fourth tiers shall be enacted by such cities...". Therefore planning and zoning in Jefferson Co. often involves a two-tiered process coursing through Louisville Metro planning and zoning as well as the planning and zoning entities of HR Cities Tier 2, 3, 4. In most cases the governing bodies of Tier 2-4 cities in Jeff. Co. sit separately as their planning commission entity.
Civil service
Civil service systems addressing the dismissal and reprimand of city employees are mandatory for Kentucky's first class cities. It is not mandatory for Home Rule Cities of Tier 2-5, but these cities have the option to adopt such a system. HR Tier 6 Cities may not adopt civil service.
Nuisance code enforcement
Kentucky Unified Government and Home Rule Cities Tier 2-4 may abate insurance through powers granted under Kentucky state statues. They may establish violations and penalties in the City's Codes of Ordinances. Enforcement and appeals of violations are often handled through the City's code enforcement Board. Home Rule Cities Tier 5-6 may use alternative procedures available under Kentucky state statues with regard to abatement of nuisances.