A. Definition and Nature
1. KRS 83A.010(7) defines an “executive order” as “an order issued by the executive authority of a municipality which is binding upon the officers and employees of the municipality and any governmental agency over which the municipality has jurisdiction.”
2. Executive orders are the equivalent of municipal orders, except that they are issued by the executive authority of the city, rather than the legislative authority. Since in the commission and manager forms of city government, the city commission and board of commissioners, respectively, are vested with both the executive and legislative powers, they may utilize both executive and municipal orders. In mayor-council cities, since there is a separation of executive and legislative authority between the mayor and council, the mayor utilizes executive orders, while the council utilizes municipal orders.
3. If an executive order is violated, the executive authority who issued the order may take appropriate disciplinary action.
4. Pursuant to KRS 83A.130(7), the mayor in a mayor-council city must use executive orders to delegate authority.
5. Common uses of executive orders include:
a. To promulgate regulations governing the operations of city government and the conduct of city officers and employees.
b. To appoint members of boards, agencies and commissions or to remove such members.
c. To convey administrative decisions, e. g., to establish the daily work schedule for city personnel, to assign office space, or to establish the hours of operation of city offices.
B. Requirements for Adoption of Executive Orders
1. Executive orders must be in writing and sequentially numbered. No particular form is required.
2. Executive orders must be kept in a permanent file.
3. There is no publication requirement for executive orders.
4. Executive orders become effective when adopted or upon the date set in the order. OAG 83-64.
5. An executive order may be repealed by a subsequent executive order.
Joint Executive Orders