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90.360 Dismissal, suspension or reduction -- Exclusions from classified
service.
(1)
(2)
(3)
(4)
(5)
No employee in the classified service of a city of the second or third class shall
be dismissed, suspended, or reduced in grade or pay for any reason except
inefficiency, misconduct, insubordination, or violation of law involving moral
turpitude, or, in a city of the third class, violation of any rule adopted by the city
legislative body or civil service commission.
Any person may prefer charges in writing against any employee by filing them
with the mayor or other appointing authority who shall communicate the
charges without delay to the civil service commission of the city. The charges
must be signed by the person making them and must set out clearly each
charge. The appointing authority shall, whenever probable cause appears,
prefer charges against any employee whom he or she believes guilty of
conduct justifying his or her removal. Upon the filing of charges, the clerk of the
civil service commission shall notify its members and serve a copy of the
charges upon the accused employee with a statement of the date, place, and
hour at which the hearing of charges will begin, this hearing not to be held
within three (3) days of the date of the service of charges upon the accused
employee. The day on which the charges are served on the accused employee
shall count as one (1) of the days of notice. The person accused may in writing
waive the service of charges and demand trial within three (3) days after they
have been filed with the clerk of the civil service commission.
Upon the hearing, the charges shall be considered traversed and put in issue,
and the trial shall be limited to the issues presented by the written charges.
The civil service commission shall have the power to summon and compel
attendance of witnesses at all hearings by subpoena issued by the clerk of that
body and served upon the witnesses by members of the police department of
the city or any officer authorized to serve subpoenas. If any witness fails to
appear in response to a summons or refuses to testify concerning any matter
on which he may lawfully be interrogated, any District Judge, on application of
the commission, may compel obedience by proceedings for contempt as in the
case of disobedience of a subpoena issued from the District Court. The
accused employee shall have the right to have subpoenaed any witnesses he
or she may desire, upon furnishing their names to the clerk. As many as ten
(10) subpoenas may be served on the request of the accused employee
without charge but each additional subpoena requested by him shall be issued
by the clerk and served by the police department only upon payment of fifty
cents ($0.50) to the city clerk by the employee. The action and decision of the
civil service commission on the charges shall be reduced to writing and kept in
a book for that purpose and the written charge shall be attached to the book
containing the body's decision.
In cases where the head of the department or the appointing authority has
probable cause to believe an employee has been guilty of conduct justifying his
removal or punishment he shall immediately suspend that employee from duty
or from both pay and duty pending trial and the employee shall not be placed
on duty or allowed pay thereafter until the charges are heard by the civil
service commission.
(6)
(7)
The civil service commission shall punish any employee found guilty by
reprimand or a suspension for any length of time not to exceed six (6) months,
or by reducing the grade, if the employee's classification warrants, or by
combining any two (2) or more of these punishments, or by dismissal. No
employee shall be reprimanded, removed, suspended, or dismissed except as
provided in this section.
(a) Any of the following offices, positions, and places of employment, in the
police and fire departments of a city of the second or third class, may be
excluded from the classified service:
1.
Chief of police;
2.
Assistant chief of police;
3.
Chief of firefighters; and
4.
Assistant chief of firefighters.
(b) Any classified employee in either department who shall accept an
appointment and qualify as chief of police, assistant chief of police, chief
of firefighters, or assistant chief of firefighters shall be deemed to have
received a leave of absence from the classified service for, and during the
incumbency of, any of those respective positions. If an individual should
cease to serve in any of those positions, there shall be restored to him or
her the same classification and rank which he or she held prior to his or
her appointment.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 359, sec. 1, effective July 14, 2000. -Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 102, effective January 2,
1978. -- Amended 1956 Ky. Acts ch. 246, sec. 11. -- Amended 1946 Ky. Acts
ch. 50, sec. 6. -- Amended 1944 Ky. Acts ch. 107, sec. 2. -- Recodified 1942 Ky.
Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3235h-7,
3480e-7.
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