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75.140 Appeals of disciplinary actions.
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Any member or employee of a fire protection district found guilty by the board
of trustees of the fire protection district of any charge, as provided by KRS
75.130, may appeal to the Circuit Court of the county in which the fire
protection district is located, but the enforcement of the judgment of the fire
protection district shall not be suspended pending appeal. The notice of the
appeal shall be filed not later than thirty (30) days after the date the board of
trustees of the fire protection district makes its determination on the charge.
Upon request of the accused, the secretary of the board of trustees of the fire
protection district shall file a certified copy of the charges and the judgment of
the board of trustees in the Circuit Court. Upon the transcript being filed, the
case shall be docketed in the Circuit Court and tried as an original action.
If the secretary of the board of trustees fails to certify the transcript to the
Circuit Court within thirty (30) days after the request is made, the party
aggrieved may file an affidavit in the Circuit Court setting out as fully as
possible the charges made, the time of the hearing, and the judgment of the
board of trustees of the fire protection district, together with a statement that
demand for transcript was made upon the secretary of the board of trustees
more than thirty (30) days before the filing of the affidavit. Upon the filing of the
affidavit in the Circuit Court, the case shall be docketed and the Circuit Court
may compel the filing of the transcript by the secretary of the board of trustees
by entering the proper mandatory order, and by fine and imprisonment for
contempt. The appeal shall have precedence over other business, and be
determined speedily.
An appeal will lie from the judgment of the Circuit Court to the Court of Appeals
as in other cases.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 127, sec. 6, effective July 15, 1996. -Created 1956 Ky. Acts ch. 207, sec. 5, effective February 28, 1956.
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