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15.520 Complaints against police officers -- Manner of investigation and
hearing.
(1)
In order to establish a minimum system of professional conduct of the police
officers of local units of government of this Commonwealth, the following
standards of conduct are stated as the intention of the General Assembly to
deal fairly and set administrative due process rights for police officers of the
local unit of government and at the same time providing a means for redress by
the citizens of the Commonwealth for wrongs allegedly done to them by police
officers covered by this section:
(a) Any complaint taken from any individual alleging misconduct on the part
of any police officer, as defined herein, shall be taken as follows:
1.
If the complaint alleges criminal activity on behalf of a police officer,
the allegations may be investigated without a signed, sworn
complaint of the individual;
2.
If the complaint alleges abuse of official authority or a violation of
rules and regulations of the department, an affidavit, signed and
sworn to by the complainant, shall be obtained;
3.
If a complaint is required to be obtained and the individual, upon
request, refuses to make allegations under oath in the form of an
affidavit, signed and sworn to, the department may investigate the
allegations, but shall bring charges against the police officer only if
the department can independently substantiate the allegations
absent the sworn statement of the complainant;
4.
Nothing in this section shall preclude a department from
investigating and charging an officer both criminally and
administratively.
(b) No threats, promises, or coercions shall be used at any time against any
police officer while he or she is a suspect in a criminal or departmental
matter. Suspension from duty with or without pay, or reassignment to
other than an officer's regular duties during the period shall not be
deemed coercion. Prior to or within twenty-four (24) hours after
suspending the officer pending investigation or disposition of a complaint,
the officer shall be advised in writing of the reasons for the suspension;
(c) No police officer shall be subjected to interrogation in a departmental
matter involving alleged misconduct on his or her part, until forty-eight
(48) hours have expired from the time the request for interrogation is
made to the accused officer, in writing. The interrogation shall be
conducted while the officer is on duty. The police officer may be required
to submit a written report of the alleged incident if the request is made by
the department no later than the end of the subject officer's next tour of
duty after the tour of duty during which the department initially was made
aware of the charges;
(d) If a police officer is under arrest, or likely to be arrested, or a suspect in
any criminal investigation, he shall be afforded the same constitutional
due process rights that are accorded to any civilian, including, but not
limited to, the right to remain silent and the right to counsel, and shall be
(e)
(f)
(g)
(h)
notified of those rights before any questioning commences. Nothing in this
section shall prevent the suspension with or without pay or reassignment
of the police officer pending disposition of the charges;
Any charge involving violation of any local unit of government rule or
regulation shall be made in writing with sufficient specificity so as to fully
inform the police officer of the nature and circumstances of the alleged
violation in order that he may be able to properly defend himself. The
charge shall be served on the police officer in writing;
When a police officer has been charged with a violation of departmental
rules or regulations, no public statements shall be made concerning the
alleged violation by any person or persons of the local unit of government
or the police officer so charged, until final disposition of the charges;
No police officer as a condition of continued employment by the local unit
of government shall be compelled to speak or testify or be questioned by
any person or body of a nongovernmental nature; and
When a hearing is to be conducted by any appointing authority, legislative
body, or other body as designated by the Kentucky Revised Statutes, the
following administrative due process rights shall be recognized and these
shall be the minimum rights afforded any police officer charged:
1.
The accused police officer shall have been given at least
seventy-two (72) hours notice of any hearing;
2.
Copies of any sworn statements or affidavits to be considered by
the hearing authority and any exculpatory statements or affidavits
shall be furnished to the police officer no less than seventy-two (72)
hours prior to the time of any hearing;
3.
If any hearing is based upon a complaint of an individual, the
individual shall be notified to appear at the time and place of the
hearing by certified mail, return receipt requested;
4.
If the return receipt has been returned unsigned, or the individual
does not appear, except where due to circumstances beyond his
control he cannot appear, at the time and place of the hearing, any
charge made by that individual shall not be considered by the
hearing authority and shall be dismissed with prejudice;
5.
The accused police officer shall have the right and opportunity to
obtain and have counsel present, and to be represented by the
counsel;
6.
The appointing authority, legislative body, or other body as
designated by the Kentucky Revised Statutes shall subpoena and
require the attendance of witnesses and the production by them of
books, papers, records, and other documentary evidence at the
request of the accused police officer or the charging party. If any
person fails or refuses to appear under the subpoena, or to testify,
or to attend, or produce the books, papers, records, or other
documentary evidence lawfully required, the appointing authority,
legislative body, or other body as designated by the Kentucky
Revised Statutes may report to the Circuit Court or any judge
(2)
(3)
(4)
thereof the failure or refusal, and apply for a rule. The Circuit Court,
or any judge thereof, may on the application compel obedience by
proceedings for contempt as in the case of disobedience of the
requirements of a subpoena issued from the court;
7.
The accused police officer shall be allowed to have presented,
witnesses and any documentary evidence the police officer wishes
to provide to the hearing authority, and may cross-examine all
witnesses called by the charging party;
8.
Any police officer suspended with or without pay who is not given a
hearing as provided by this section within sixty (60) days of any
charge being filed, the charge then shall be dismissed with prejudice
and not be considered by any hearing authority and the officer shall
be reinstated with full back pay and benefits; and
9.
The failure to provide any of the rights or to follow the provisions of
this section may be raised by the officer with the hearing authority.
The hearing authority shall not exclude proffered evidence based on
failure to follow the requirements of this section but shall consider
whether, because of the failure, the proffered evidence lacks weight
or credibility and whether the officer has been materially prejudiced.
Any police officer who shall be found guilty by any hearing authority of any
charge, may bring an action in the Circuit Court in the county in which the local
unit of government may be located to contest the action of that hearing
authority, and the action shall be tried as an original action by the court.
The judgment of the Circuit Court shall be subject to appeal to the Court of
Appeals. The procedure as to appeal to the Court of Appeals shall be the same
as in any civil action. As the provisions of this section relate to a minimum
system of professional conduct, nothing herein shall be construed as limiting or
in any way affecting any rights previously afforded to police officers of the
Commonwealth by statute, ordinance, or working agreement.
The provisions of this section shall apply only to police officers of local units of
government who receive funds pursuant to KRS 15.410 through 15.992.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 383, sec. 1, effective July 15, 1994. -Amended 1990 Ky. Acts ch. 127, sec. 1, effective July 13, 1990. -- Amended
1986 Ky. Acts ch. 313, sec. 1, effective July 15, 1986. -- Created 1980 Ky. Acts
ch. 333, sec. 1, effective July 15, 1980.
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