2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.120 Salary -- Deduction from for failure to perform duty.
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61.120 Salary -- Deduction from for failure to perform duty.
(1)
(2)
(3)
If any officer paid in whole or in part out of the State Treasury or by any county
fails or neglects to perform his duties, without a good excuse set out in full by
his affidavit and certified by order of court to the Finance and Administration
Cabinet or other paying officer, there shall be thereafter deducted from his
salary such an amount as the total number of days during the year in which he
failed or neglected to discharge his duty bears to the whole number of days in
the year for which he received compensation. So much of the amount
deducted as is necessary shall be applied to the payment of the special officer
who performs the duty of the officer so failing.
Before the court enters an order under KRS 61.130, the court or judge
designated in KRS 61.130 shall inform the officer accused of failure to perform
or neglect of duty of the accusations and shall conduct a hearing on the
accusations. At the conclusion of the hearing, the court or judge shall enter
findings of facts and conclusions of law and an appropriate order. Either party
may appeal the order to the Court of Appeals in accordance with the Rules of
Civil Procedure, and such appeal shall be advanced on the docket for
immediate review. Provided, however, that the notice of appeal and order
appealed from shall be filed with the clerk of the Court of Appeals within thirty
(30) days after the order appealed from was filed with the county clerk or
Circuit Court clerk.
The court or judge designated in KRS 61.130 may appoint a hearing
commissioner to conduct the hearing authorized by subsection (2) of this
section. If a hearing commissioner is appointed, the case shall proceed in
accordance with the Rules of Civil Procedure regarding hearing
commissioners.
Effective:April 10, 1990
History: Amended 1990 Ky. Acts ch. 419, sec. 2, effective April 10, 1990. -Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 3763.
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