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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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