The Frankfort-Franklin County Planning Commission, in order to carry out the general powers conferred upon it by the Kentucky Revised Statutes, the Frankfort City Ordinance, and the Orders of the Franklin County Court, does hereby adopt the following bylaws to govern its proceedings. These bylaws shall supersede any previously enacted bylaws.
ARTICLE I. NAME OF COMMISSION
The name of this organization shall be the "Frankfort-Franklin County Planning Commission."
ARTICLE II. AUTHORIZATION
The authorization for the establishment of the Planning Commission is set forth under Chapter 100, Kentucky Revised Statutes, and amendments and supplements thereto, and those delegated to it by the Frankfort City Commission and Franklin County Fiscal Court.
ARTICLE III. MEMBERSHIP
Section 3.1 Entire Membership: The entire membership of the Planning Commission shall consist of eleven (11) members; five (5) appointed by the city, five (5) appointed by the County, and one (1) appointed by the state governor. The methods of appointing members and filling vacancies, and the terms of office shall be the same as that provided by Chapter 100 of the Kentucky Revised Statutes. Each member, upon appointment, shall receive a copy of Chapter 100 of the Kentucky Revised Statutes and the Planning Commission Bylaws.
Section 3.2 Disqualification, Conflict and Removal: The membership of the Planning Commission shall be governed by KRS 100.157 and/or 100.171 in relation to disqualification, conflict and removal. Upon disqualification by any member, said member shall be marked in the official minutes as being absent during the discussion of the action on the particular matter and he shall not be counted as part of the quorum and shall remove himself from the body of the Commission during the discussion of said issue.
Section 3.3 Reimbursement: Reimbursement for meetings attended shall be determined by the Frankfort City Commission and the Franklin County Fiscal Court in compliance with KRS Statutes.
Section 3.4 Attendance: A member of the Planning Commission shall be referred to the appropriate appointing authority for removal for neglect of duty pursuant to KRS 100.157(1) if that member either does not attend two regular meetings in succession, or does not attend three regular or special meetings in any successive twelve month period. Similarly, a member of the Planning Commission shall be referred to the appropriate appointing authority for removal for neglect of duty pursuant to KRS 100.157 if a member does not attend at least three-quarters of the meetings of any Planning Commission committee to which the member has been named. In either case, such referral to the appropriate appointing authority shall be made by the Chairman of the Planning Commission, or, in the event of his inability, refusal, or failure to act, by the Vice-Chairman, without affirmative action by the Planning Commission.
ARTICLE IV. OFFICERS
Section 4.1 Number and Eligibility: The officers of the Planning Commission shall consist of a Chairman, Vice-Chairman, and Secretary-Treasurer. All officers shall be citizen members of the Planning Commission and shall be eligible for re-election at the expiration of his term.
Section 4.2 Chairman: The Chairman, who shall be a member of the Planning Commission not holding any other public office, shall preside at all meetings of the Planning Commission and at other meetings and public hearings called by the Planning Commission. He/she shall call special meetings of the Planning Commission when required, and shall transmit reports, plans and recommendations of the Planning Commission to the appropriate governing authority. The Chairman may appoint committees or subcommittees (composed of Planning Commission members, or citizens, or a combination) whenever he/she feels such committees can be of value to the Planning Commission's work. The Chairman shall act as spokesman for the Planning Commission, and shall also have such other duties as are normally conferred on such officers by parliamentary procedure.
Section 4.3 Vice-Chairman: The Vice-Chairman, who shall be a member of the Planning Commission not holding any other public office, shall serve as Chairman during the temporary absence or disability of the Chairman. In the event of the Chairman's permanent absence, due to resignation or other causes, the Planning Commission shall elect a new Chairman. In case of the temporary absence of the Chairman and Vice-Chairman, at any meeting, the Planning Commission shall elect a temporary Chairman for such meeting.
Section 4.4 Secretary-Treasurer: Under the direction of the Chairman and with such staff as is available, the Secretary-Treasurer shall prepare, distribute, and maintain the minutes and records of the Planning Commission, prepare the agenda for regular and special meetings; provide notice of all meetings to Planning Commission members; arrange proper and legal notice of hearings; attend to correspondence of the Planning Commission; and assume such other duties as are normally carried out by a Secretary-Treasurer. The Secretary-Treasurer may delegate such duties of his office as he may deem expedient to the Director of the Planning Staff and authorize the Director of the Planning Staff to execute documentary approvals in his behalf.
If necessary, the Secretary-Treasurer shall maintain and keep records of all receipts and expenditures, and approve all disbursements from Planning Commission funds. These records shall be audited at the end of each fiscal year by an auditing firm, and copies of such audit shall be furnished to each member of the Planning Commission, made a part of Commission official minutes, and distributed to any others as directed by the Chairman. The Secretary-Treasurer shall also submit an estimated yearly budget to the Planning Commission for its approval by the end of July and, during the year, shall submit any proposed changes to the Planning Commission for its approval. The Secretary-Treasurer may delegate such routine duties of his office as he may deem expedient, to the Director of the Planning Staff, and authorize the Director of the Planning Staff to execute checks and drafts for payroll and office expense purposes in his behalf. The Secretary-Treasurer shall have custody of all funds of the Commission
ARTICLE V. ELECTION OR APPOINTMENT OF OFFICERS
Section 5.1 Election of Chairman, Vice-Chairman, Secretary-Treasurer: At an annual organizational meeting which shall be the first regular and official meeting in January, the Planning Commission shall elect a Chairman, Vice-Chairman, and Secretary-Treasurer. Nominations shall be made from the floor and the candidate receiving a majority vote of the membership in attendance shall be declared elected, and shall take office at the close of the meeting. The Chairman, Vice-Chairman, and Secretary-Treasurer shall be elected for a period of one (1) year, shall be eligible for re-election, and shall serve until their successors take office. Vacancies in office shall be filled immediately by regular election procedure.
ARTICLE VI. EMPLOYEES
Section 6.1 Within the limits imposed by the funds available for its use, the Planning Commission may employ such staff personnel and consultants as is necessary for the performance of its functions. Appointments shall be made by a majority vote of the members in attendance at an official meeting of the Planning Commission.
ARTICLE VII. MEETINGS
Section 7.1 Regular Meetings: The Planning Commission shall hold not less than six (6) regular meetings per year and said meetings shall be held on the second Thursday of each month at 5:30 p.m. at City Hall or at such date, time and location as deemed appropriate after proper notice to all members of the Commission., and public notice, as required by K.R.S. 100.424.
Section 7.2 Special Meeting: A special meeting may be called by the Chairman. It also shall be the duty of the Chairman to call a special meeting when requested to do so by a majority of the entire membership of the Planning Commission. The Secretary- Treasurer shall notify all members at least five (5) days in advance of such special meetings, or one (1) day in advance for emergency matters not requiring legal advertisement if a majority of entire membership will sign an agreement waiving the five (5) day notice.
Section 7.3 Meetings and Records Open: All meetings of the Planning Commission shall be open to the public, and the records of the Planning Commission shall be open for public inspection. The Planning Commission may conduct closed meetings as provided for in Kentucky Revised Statute 61.810 "Exceptions to Open Meetings".
Section 7.4 Quorum: A quorum shall be necessary at any meeting in order for the Planning Commission to take official action or carry on its business. A quorum shall be established pursuant to KRS 100.171.
Section 7.5 Parliamentary Procedures: Unless otherwise specified herein, "Robert's Rules of Order" shall govern the proceedings at the meetings of the Planning Commission.
ARTICLE VIII. ORDER OF BUSINESS
Section 8.1 Regular Meetings: The order of business at regular meetings shall be:
- Approval of Minutes
- Communication and Bills
- Reports of Officers and Standing Committees
- Reports of Special Select Committees
- Special Orders
- Staff Items
- Public hearings
- Old and Unfinished Business
- New Business
Section 8.2 Special Meetings: The order of business at special meetings shall be determined by the Chairman.
Section 8.3 Length of Agenda/Meeting: It is the purpose of the Planning Commission to conduct all business included on the agenda; however, at times when it becomes apparent that a meeting will last longer than ten p.m. (10:00 p.m.), the Chairman may recess the meeting to another date in order to consider remaining items on the agenda.
In order to facilitate this timeframe, the following rules shall apply to all Planning Commission agendas:
- No more than two (2) public hearings for Zone Map Amendments and 2 public hearing for text Amendments shall be scheduled and placed on any Planning Commission agenda. (Note: continued public hearings and text Amendments shall be considered as business items)
- No more than ten (10) items of business (both old and new) shall be scheduled and placed on any Planning Commission agenda. This will allow the entire length of the agenda to not exceed twelve (12) items, including public hearings.
- If there are more than two Zone Map Amendments to be scheduled for any Planning Commission agenda, the Chairman, at his discretion, may establish a Special Public Hearing at another date and time, with notice given according to K.R.S. 100.211 and 100.212.
- The Chairman, at his discretion, may appoint a Hearing Officer, in accordance with K.R.S. 100.172 (2) to preside over a Public Hearing.
Section 8.4 Removal of Items Scheduled: Any item scheduled to be considered at a regular meeting of the Planning Commission may only be requested to be tabled by the applicant no later than seven (7) days prior to the meeting. Any request for tabling must be in writing and must be received by end of that business day. A request to table an item made after seven (7) days prior to the meeting will result in the item being withdrawn from the agenda and a new application and accompanying fee being required to be submitted. Exceptions may be made by the Planning Commission for medical reasons or death of the applicant or of a family member.
Section 8.5 Filing Deadlines: The established deadline for any item to be submitted for inclusion on the Planning Commission agenda's regularly scheduled meeting shall be at 4:30 p.m. on the seventh (7) Monday prior to the regular meeting date.
Items that have been advertised on an agenda: New, amended, or revised information, plans, or plats submitted from an applicant shall not be accepted by the City or County Planning Departments if the information is submitted less than eleven (11) calendar days from the Planning Commission meeting date. Applicants may submit new, amended, or revised information at the time of the meeting directly to the Planning Commission who may accept or reject such information, or may choose to table such item, as they deem necessary and appropriate.
Section 8.6 Technical Review Team: In order to facilitate reviews of developments and subdivisions required to receive Planning Commission review and approval, a Technical Review Team is hereby established. The Technical Review Team shall include the following persons, who represent the following groups or agencies: Frankfort Sewer Department (if applicable), City or County Fire Departments (as applicable), City or County Engineer, Telephone Company, Gas Company, Electric Company, Water Company or District, Kentucky Transportation Cabinet, and the City and County Planning Department.
Section 8.7 Technical Review Meeting: the Technical Review Team will meet as needed prior to the Planning Commission meeting. The applicants shall be given written copies of the review comments at this meeting.
Section 8.8 Technical Review Comments to Be Addressed: Any items which have not been accepted by the Review Team within nine (9) days prior to the Planning Committee meeting, shall be removed from the Planning Commission agenda. The item will not be placed on a Planning Commission agenda for review until all changes have been submitted to either the City or County Planning Staff and accepted by the Technical Review Team.
ARTICLE IX. GENERAL PUBLIC HEARINGS
Section 9.1 Hearings May be Held: In addition to those required by law, the Planning Commission may hold public hearings whenever it decides that such hearings will be in the public interest.
Section 9.2 Notice: Notice of the time, place, and reason for such hearings may be given by one publication in a newspaper of general circulation in the community not earlier than twenty-one (21) days, or later than fourteen (14) days before the hearing; or in any other manner as is deemed appropriate by the Planning Commission, which shall conform to the provisions of Chapter 424 KRS.
Section 9.3 Presentation: The matter before the Planning Commission shall be presented in summary form by the applicant requesting such item for review, and parties in interest shall have an opportunity to present their views as determined by the Chairman; and then by a member of the City or County Planning staff .
Section 9.4 Records: A record shall be kept by the Secretary of those speaking before the Planning Commission at such hearings.
ARTICLE X. STANDARDS OF CONDUCT
Section 10.1 No Planning Commission member or his/her family member shall have an interest in a business organization or engage in any business, transaction, or professional activity, which is in conflict with the proper discharge of his/her duties in the public interest;
Section 10.2 No Planning Commission member shall act in his official capacity in any matter where he/she, a member of his/her family, or a business organization in which he has an interest, has a direct or indirect financial or personal involvement that might reasonably be expected to impair his objectivity or independence of judgment;
Section 10.3 No Planning Commission member shall undertake any employment or service, compensated or not, which might reasonably be expected to prejudice his independence of judgment in the exercise of his official duties;
Section 10.4 No Planning Commission member, or member of his/her family or business organization in which he/she has an interest or in which his/her family member has an interest, shall solicit or accept any gift, favor, loan, political contribution, service, promise of future employment or other thing of value based upon an understanding that the gift, favor, loan, political contribution, service, promise, or other thing of value was given or offered for the purpose of influencing him, directly or indirectly, in the discharge of his official duties.
This provision shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office as governed by the Kentucky Revised Statutes.
Section 10.5 No Planning Commission member shall intentionally take or refrain from taking any discretionary action, or induce or attempt to induce any other officer or employee to take or refrain from taking any discretionary action, on any matter before the Planning Commission in order to obtain a financial benefit for any of the following:
- The Planning Commission Member.
- A Family Member of the Planning Commission Member.
- The Planning Commission Member's Employer.
- Any business in which the Planning Commission member or any family member has a financial interest.
- Any business with which the Planning Commission member or any family member is negotiating or seeking prospective employment or other business or professional relationship.
Section 10.6 Every Planning Commission Member who has a prohibited financial interest which the officer or employee believes or has reason to believe may be affected by his or her participation, vote, decision or other action taken within the scope of his or her public duties shall disclose the precise nature of the interest, in writing or on the record, to the entire Planning Commission body, and the disclosure shall be entered on the official record of the proceedings of the governing body. The Planning Commission member shall refrain from taking any action with respect to the matter that is the subject of the disclosure.
ARTICLE XI. RECEIPT OF GIFTS.
Section 11.1 No Planning Commission member shall directly or indirectly through any person or business or family member, solicit or accept any gift of any money whatsoever. No gift of any service, loan, travel, entertainment, hospitality, or any other form having a fair market value of more than fifty dollars ($50) shall be accepted from any donor in any calendar year under circumstances in which it could reasonably be inferred that the gift was intended to influence, or could reasonably be expected to influence the officer or employee in the performance of his or her public duties. This section shall not be construed to prohibit legitimate campaign contributions to candidates for public office.
ARTICLE XII. MISUSE OF CONFIDENTIAL INFORMATION.
Section 12.1 No Planning Commission member shall intentionally use or disclose information acquired in the course of his or her official duties, if the primary purpose of the use or disclosure is to further his or her personal financial interest or that of another person or business. Information shall be deemed confidential, if it is not the subject to disclosure pursuant to Kentucky Open Records Act, KRS 61.872 to 61.884, at the time of its use or disclosure.
Section 12.2 No Planning Commission member shall use, or allow to be used, his appointment, or any information not generally available to the members of the public, which he/she receives or acquires in the course of and by reason of his appointment, for the purpose of securing financial gain for himself/herself, any family member or any business organization with which he/she is associated.
ARTICLE XIII. POST-EMPLOYMENT RESTRICTION.
Section 13.1 No Planning Commission member shall appear or practice before the Planning Commission with respect to any matter on which the Planning Commission member personally worked while a member of the Planning Commission.
ARTICLE XIV. HONORARIA.
Section 14.1 No Planning Commission member shall accept any compensation, honorarium or gift with a fair market value greater than $25 in consideration of an appearance, speech or article unless the appearance, speech or article is both related to the Planning Commission member's activities outside of the Planning Commission and is unrelated to the Planning Commission members service to the Planning Commission.
Section 14.2 Nothing in this section shall prohibit any member of the Planning Commission from receiving and retaining from the Planning Commission or on behalf of the Planning Commission actual and reasonable out-of-pocket expenses incurred by the Planning Commission member in connection with an appearance, speech or article, provided that the Planning Commission member can show by clear and convincing evidence that the expenses were incurred or received on behalf of the Planning Commission and primarily for the benefit of the Planning Commission and not primarily for the benefit of the Planning Commission member.
ARTICLE XV. DEFINITIONS
"Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, professional service corporation, or any legal entity through which business is conducted for profit.
"Business associate" includes the following:
- A private employer;
- A general or limited partnership, or a general or limited partner within the partnership;
- A corporation that is family-owned or in which all shares of stock are closely-held, and the shareholders, owners, and officers of such a corporation;
- A corporation, business association, or other business entity in which the Planning Commission member serves as a compensated agent or representative.
"Planning Commission member" means any person appointed to serve on the Planning Commission by the Frankfort City Commission, Franklin County Fiscal Court or the Governor of the Commonwealth of Kentucky.
"Family member" means a spouse, parent, child, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, grandchild, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, and shall include relatives by the half blood or adoption.
ARTICLE XVI. AMENDING BYLAWS
Section 16. 1 The bylaws may be amended as required by a simple majority vote of the members of the Planning Commission and may be adopted without a meeting if all members entitled to vote shall consent in writing to such commission action.