2011 Kentucky Revised Statutes CHAPTER 67C RESTRUCTURE OF LOCAL GOVERNMENT IN COUNTY CONTAINING CITY OF FIRST CLASS 67C.323 Review of disciplinary actions -- Hearings -- Appeal.
KY Rev Stat § 67C.323 (1996 through Reg Sess) What's This?
67C.323 Review of disciplinary actions -- Hearings -- Appeal.
In all cases provided for in KRS 67C.321, the action of the chief shall be final except in
the following cases:
(1) Every action in the nature of a dismissal, suspension, or demotion of a
nonprobationary officer made by the chief shall be subject to review by the board at
the request of any officer affected by KRS 67C.301 to 67C.327. An appeal to the
board of a dismissal, demotion, or forty (40) hour or more suspension of a
nonprobationary officer shall be heard by the full board. The board shall give notice
and hold a public hearing. After the hearing, the board shall retire in executive
session to discuss the evidence introduced at the hearing and to 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 deems necessary and appropriate, if any;
provided however, the board shall not impose a penalty or punishment in excess of
the action of the chief. No officer shall be removed or dismissed except as provided
for in this section.
(2) An appeal to the board of a suspension of a nonprobationary officer of less than
forty (40) hours may be heard by the full board or any hearing officer secured by the
board. If the appeal is heard by a hearing officer, all rules established by the board
relating to appeals of disciplinary actions shall be applicable. After the hearing, the
hearing officer shall complete and submit to the board, no later than thirty (30) days
after the hearing, a written recommended order which shall include his findings of
fact, conclusions of law, and recommended disposition of the appeal, which may
include recommended penalties. The recommended order shall also include a
statement advising the appealing officer and chief fully of their exception and
appeal rights. A copy of the hearing officer's recommended order shall be sent to the
appealing officer and chief. Each party shall have fifteen (15) days from the date the
recommended order is mailed within which to file exceptions to the
recommendations with the board. The board shall consider the record including the
recommended order in any exceptions duly filed to a recommended order, and
accept and adopt or reject or modify, in whole or in part, the recommended order, or
remand the appeal of the matter, in whole or in part, to the hearing officer for
further proceedings as appropriate. The final order of the board shall be in writing.
If the final order differs from the recommended order, it shall include separate
statements of findings of fact and conclusions of law. The board shall render a final
order in an administrative hearing within thirty (30) days after receipt of the hearing
officer's recommended order.
(3) (a) Every action of a dismissal, suspension, or demotion made by the board shall
be final, except that any person aggrieved may, within thirty (30) days after
(b)
the action, appeal to the Circuit Court of the county in which the board meets.
The board shall be named respondent as the consolidated local government
police force merit board, and service shall be had on the chairman of the
board. The appeal taken to the Circuit Court shall be docketed by the clerk as
a civil action with appropriate judicial review of an administrative action or
decision.
The judgment of the Circuit Court shall be subject to appeal to the Court of
Appeals. The procedure as to the appeal to the Court of Appeals shall be the
same as in any civil action.
Effective: March 18, 2003
History: Amended 2003 Ky. Acts ch. 118, sec. 10, effective March 18, 2003. -- Created
2002 Ky. Acts ch. 339, sec. 12, effective July 15, 2002.
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