2014 Kentucky Revised Statutes CHAPTER 78 - COUNTY EMPLOYEES' CIVIL SERVICE AND RETIREMENT 78.455 Action of chief or board final -- Exceptions -- Appeals to courts.
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78.455 Action of chief or board final -- Exceptions -- Appeals to courts.
In all cases provided for in KRS 78.445 and 78.450, the action of the chief or of the
board shall be final except in the following cases:
(1) Every action in the nature of a dismissal, suspension, reduction, or fine made
by the chief, shall be subject to review by the board at the request of any officer
or employee affected by KRS 78.400 to 78.460, and the board shall give notice
and hold a public hearing. After the public hearing, the board shall retire in
executive session to discuss the evidence introduced at the hearing and make
its determination and conclusion. While in executive session, the board shall
not receive any further evidence or communication from any source prior to
reaching its determination and conclusion. The board, while in executive
session, may request and receive legal advice from board counsel on specific
legal issues which may arise during deliberations. If a majority of the members
of the board are of the opinion that the action of the chief is unjustified or
unsupported by proper evidence, the order of the chief may be set aside and
revoked by the board and the board may impose the penalty or punishment it
may deem necessary and appropriate, if any.
(2) (a) Every action in the nature of a dismissal, suspension, reduction, or fine
made by the board shall be final, except that any person aggrieved
thereby may, within twenty (20) days after the rendition of the action,
appeal to the Circuit Court of the county in which the board meets. The
board shall be named respondent as the county police force merit board,
and service shall be had on the chairman thereof. The appeal taken to the
Circuit Court shall be docketed by the clerk as a civil action and shall be
tried anew, as if no action had been rendered by the board.
(b) 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 civil action.
Effective:July 13, 1990
History: Amended 1990 Ky. Acts ch. 312, sec. 1, effective July 13, 1990. -Amended 1978 Ky. Acts ch. 126, sec. 2, effective June 17, 1978. -- Amended
1970 Ky. Acts ch. 198, sec. 7. -- Amended 1966 Ky. Acts ch. 25, sec. 1. -Created 1952 Ky. Acts ch. 141, sec. 4(2), effective March 4, 1952.
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