2014 Kentucky Revised Statutes CHAPTER 70 - SHERIFFS, CONSTABLES, AND COUNTY POLICE FORCE 70.260 Option for county to create deputy sheriff merit board -- Expenses -- Membership -- Meetings -- Exclusion of certain deputy sheriffs who serve in policy-making positions.
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70.260 Option for county to create deputy sheriff merit board -- Expenses -Membership -- Meetings -- Exclusion of certain deputy sheriffs who serve
in policy-making positions.
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The primary legislative body of each county may enact an ordinance creating a
deputy sheriff merit board, which shall be charged with the duty of holding
hearings, public and executive, in disciplinary matters concerning deputy
sheriffs. For the purpose of KRS 70.260 to 70.273, the primary legislative body
of each county that does not have an urban-county, consolidated local
government, or charter county government shall be the fiscal court.
The reasonable and necessary expenses of the board, including the funds
necessary to retain an attorney to advise the board on legal matters, shall be
paid out of the fees and commissions collected by the sheriff. If the fees and
commissions are not sufficient to pay the expenses of the board and the other
expenses authorized by statute to be paid from these fees and commissions,
the sheriff may negotiate with the primary legislative body to determine a
method of paying all or part of the expenses of the board.
The board shall consist of five (5) members, two (2) members appointed by the
county judge/executive or the chief executive officer of an urban-county
government or the chief executive officer of a consolidated local government
pursuant to the provisions of KRS 67C.139 with approval by the primary
legislative body, two (2) members appointed by the county sheriff, and one (1)
member elected by the deputy sheriffs of the county. Each board appointee
shall be at least thirty (30) years of age and a resident of the county. No person
shall serve on the board who is a deputy sheriff or who holds any elected
public office. No person shall be appointed to the board who is a member of
the immediate family of the sheriff of the county served by the board. The
members of the board shall not receive a salary but shall receive
reimbursement for necessary expenses.
All appointments shall be for two (2) years, and any vacancies shall be filled by
the sheriff or county judge/executive, or the chief executive officer of an
urban-county government or consolidated local government responsible for the
appointment of the departing board member.
The board shall elect a chairman from its membership and keep an accurate
record of its proceedings.
The board shall meet when a disciplinary matter concerning a deputy sheriff is
brought to its attention or at other times at the discretion of the board, upon
notification of its members.
Three (3) members shall constitute a quorum in all matters which may come
before the board.
For the purpose of this section, "member of the immediate family" means a
person's father, mother, brother, sister, spouse, son, daughter, aunt, uncle,
son-in-law, or daughter-in-law.
An ordinance, adopted under subsection (1) of this section by a county or
consolidated local government, may exclude deputy sheriffs who serve in
policy-making or confidential positions from coverage by the merit system. If
the ordinance makes this exclusion, a deputy sheriff who is covered by the
merit system and who accepts an appointment in a policy-making or
confidential position shall be deemed to have received a leave of absence from
the merit system during the incumbency of that position. If he ceases to serve
in a policy-making or confidential position but continues to serve as a deputy,
he shall be restored to coverage at the same classification and rank that he
held prior to his policy-making position under the merit system. A deputy who is
not covered by the merit system at the time he is appointed to a policy-making
or confidential position shall be deemed not to be part of the merit system and
shall not be included in the merit system when he ceases to serve in that
position.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 68, effective July 15, 2002. -Amended 2000 Ky. Acts ch. 334, sec. 1, effective July 14, 2000. -- Amended
1996 Ky. Acts ch. 104, sec. 2, effective July 15, 1996. -- Created 1992 Ky. Acts
ch. 438, sec. 1, effective July 14, 1992.
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