Phillip M. Bailey

@phillipmbailey

Democrat Greg Fischer is alarmed over legislation introduced by late Tuesday night that its Republican sponsors say is aimed at reining in the powers of Louisville's mayor, such as imposing a two-term limit.

"If the people want to elect somebody for a third term, I think they should be able to do so," said Fischer, who is weighing another bid for office.

House Bill 202 would also give Kentucky's governor the power to appoint the mayor in case of his or her death, resignation or removal from office. Under the current state law that merged city and county governments, the 26-member Metro Council has 30 days to elect a new mayor by a majority vote.

Fischer said that provision "jumped off the page" when he reviewed the proposal Wednesday morning. "It's really absurd," he said. "It flies into the notion of any kind of local control where local people should elect the local official and have some say over who the mayor is — it's really unprecedented."

But Republican state Rep. Ken Fleming, a former council member who filed the bill, said Fischer is overreacting.

"Why is the mayor whining about this? Every other county has the governor step in," Fleming said. "It's not a power grab and I think the mayor needs to think twice about what he says and do his job instead of being a derelict."

MORE: Bill strikes at Louisville merger, tax base

The bill is being co-sponsored by fellow GOP House members Kevin Bratcher, Jerry Miller, also a former council member, Phil Moffett, Jason Nemes, all of Louisville, and David Osborne, of Prospect.

Under the measure, prohibiting an individual from serving more than two terms as mayor wouldn't begin until Jan. 1, 2019. Fischer, who was elected to his first four-year term in 2010, said he does not believe that provision would apply to him. And Fleming said it isn't his goal to stop Fischer from seeking a third term.

Other significant amendments within HB 202 would require the appointment of a deputy mayor; give the council subpoena power over administration officials and documents; allow the council to remove administration appointees, including agency leaders, by a two-thirds vote; and establish more council oversight when the mayor fails to make required appointments to Louisville boards and commissions.

Fleming said his legislation seeks to give the council equal power when addressing many issues he was frustrated with while serving as a member. He said merger law gives the mayor of Louisville too much authority.

"There are a lot of things over the past couple of years that need to be changed," Fleming said. "It needs to hold the mayor more accountable to what he needs to do."

Metro Council President David Yates did not immediately respond o a request for comment left with a spokesman. But fellow Democrat Bill Hollander, chairman of the 17-member majority caucus, joined Fischer in criticizing the bill's intent.

"I talk to people across our community every day and I have never heard anyone, Republican or Democrat, say that they want more Frankfort meddling in our local government," said Hollander, who represents the 9th District.

He said House Republicans are trying to supplant the will of Louisville voters , whom he said overwhelmingly supported allowing the mayor to serve three terms in a 1986 referendum. Hollander also blasted the idea of giving the governor authority over appointing a new mayor, which he said would further silence Louisville's ability to choose its own leaders.

"Obviously, this has nothing to do with giving the council equal power with the Mayor. It simply transfers power from the council to the governor," Hollander said.

Councilman Robin Engel, chairman of the GOP caucus, said his nine-member caucus had discussed the measure with state lawmakers leading up to its filing. He said the legislation fills many loopholes and should receive bipartisan support given how many council Democrats have complained about the appointments process, line of succession and mayoral term limits in the past.

"These changes are healthy after 14 years of merger," said Engel, R-22nd.

Fischer said when Republicans took over the state House last fall there were rumors that lawmakers would strike at mayoral power in Louisville but that he hopes the 30-day legislative session will stay focused on pension issues, tax reform and helping the state's job market.

"The General Assembly has stated that the focus that they have this session is on bills that can help the economy and clearly this is not one of those bills," he said. "... %his is kind of out of the blue, and I doubt if many taxpayers or citizens of Louisville would say this is a burning priority."

What would the bill do?

Set forth that approval of redistricting Metro Council seats require a two-thirds vote by the council and that each district shall be within two percent of others district in population rather than "nearly equal as is reasonably possible."

Clarify the audit and investigation powers of the Metro Council; grant power to the council to subpoena persons and documents and administer oaths.

Establish procedures for failure to comply with subpoenas and require a resolution to create certain procedures.

Limit the mayor to two consecutive terms.

Establish a requirement to submit certain contracts to the Metro Council for review and approval.

Require appointment of a deputy mayor; establish terms and duties of the deputy mayor; provide that the deputy mayor will become temporary mayor in case of mayoral vacancy until Kentucky governor makes permanent appointment.

Establish procedures for mayoral vacancy and the simultaneous vacancy of mayor and deputy mayor.

Authorize the Metro Council to retain legal counsel outside the Jefferson County attorney if desired.

Require two staff persons be hired for recognized caucuses of the Metro Council.

Require that the mayor's appointments reflect the political, geographic, gender and ethnic diversity of the city.

Allow the removal of a board or commission member and agency by Metro Council; prohibit removed persons from holding same office or position for five years.

Clarify that certain publication costs are to be borne by units of local government.

Allow a county clerk in a county containing a consolidated local government to publish in a newspaper candidates and issues on the ballot and allow Internet publication of other ballot information

Reporter Phillip M. Bailey can be reached at (502) 582-4475 or pbailey@courier-journal.com