2014 Kentucky Revised Statutes CHAPTER 70 - SHERIFFS, CONSTABLES, AND COUNTY POLICE FORCE 70.273 Disciplinary and removal procedures by board -- Hearing -- Appeals.
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70.273 Disciplinary and removal procedures by board -- Hearing -- Appeals.
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The board may remove, suspend, lay off or discipline any deputy sheriff
covered by the provisions of KRS 70.260 to 70.273 on written charges of
misconduct preferred on its own initiative or the initiative of any citizen, but only
after reasonable notice to the accused and after a complete public hearing at
which the deputy accused shall have the right to be present, represented by
counsel, and confronted by all of the witnesses preferring charges against him.
Procedural due process shall be afforded to all deputy sheriffs by the board.
The board shall notify the deputy promptly and in writing of any charges
brought against him by the board or by a citizen. The board shall have the
power to issue subpoenas and to compel the attendance of witnesses, and
shall conduct the hearing, as far as possible, within the Kentucky Rules of Civil
Procedure. Any deputy who is not given a hearing within sixty (60) days of any
charge being preferred shall be reinstated in full.
After a full public hearing by the board, the board shall retire into executive
session to discuss the evidence introduced at the hearing and to make its
determination and conclusion. The board in executive session shall not receive
any further evidence or communication from any source, except for legal
advice from the board's counsel, prior to reaching its determination and
conclusion.
When an appointment is revoked during the probationary period described in
KRS 70.267(5), the action of the sheriff shall be final. In all other disciplinary
matters, the action of the sheriff or the board shall be final, except that any
aggrieved person may, within thirty (30) days after the decision is rendered,
appeal to the Circuit Court of the county in which the board meets. The board
shall be named as respondent, and the county attorney shall represent the
board before the court. The appeal taken to the Circuit Court shall be a review
of record by the court.
The provisions of KRS 70.260 to 70.273 shall not apply to any nonsworn
employee appointed by the sheriff pursuant to KRS 70.030, to any special
deputy appointed by the sheriff pursuant to KRS 70.045, or to a deputy in a
policy-making or confidential position excluded from coverage by the ordinance
creating the deputy sheriff merit board.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 104, sec. 5, effective July 15, 1996. -Created 1992 Ky. Acts ch. 438, sec. 5, effective July 14, 1992.
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