2021 Kentucky Revised Statutes Chapter 67C - Restructure of local government in county containing city of first class 67C.319 Rules for qualification, appointment, and discipline of officers -- Chief examiner -- Promotional examinations -- Review of results -- Filling promotional vacancies.
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67C.319 Rules for qualification, appointment, and discipline of officers -- Chief
examiner -- Promotional examinations -- Review of results -- Filling
promotional vacancies.
(1)
(2)
(3)
(4)
(5)
Every consolidated local government police force merit system board created shall
make, promulgate, and when necessary, amend rules for the qualifications, original
appointment, probation, promotion, demotion, transfer, lay-off, reinstatement,
suspension, and removal of the officers covered by KRS 67C.303, 67C.305,
67C.307, and 67C.309. No rule or regulation made, promulgated, or amended by
any consolidated local government police force merit system board shall be
inconsistent with the express provisions of this chapter. The board shall publish its
rules and any amendments and shall supply certified copies to the mayor, legislative
council, and the police chief and shall post a copy conspicuously in the office or
place where the headquarters of the consolidated local government police is
maintained. The copies of the rules and amendments shall be distributed and posted
in the manner prescribed within three (3) days after adoption.
The rules in addition to other matters shall specifically provide for and cover the
following:
(a) Physical, mental, educational, citizenship, and age requirements for new
officers;
(b) Physical, mental, educational, citizenship, age, and length of service
requirements for promotion from lower to higher rank or classification;
(c) A requirement that police officers, since their most recent date of entry into
that rank, have at least:
1.
Five (5) years of continuous service as police officers before being
eligible for promotion to the rank of sergeant; and
2.
One (1) year of continuous service as police sergeants before being
eligible for promotion to the rank of lieutenant;
(d) Provision for open, competitive, written, oral, and other mental and physical
examinations to determine the relative fitness of all candidates for original
appointment and for promotion;
(e) A requirement of public notice of all examinations to be given by the merit
board;
(f) Organization and meetings of the board; and
(g) Procedure and conduct of public hearings.
The board, with the approval of the mayor, shall employ a chief examiner who shall
be professionally qualified and experienced in the field of testing and who shall
formulate, give, grade, and administer all written or other examinations as required
by the board.
Physical fitness for promotion shall be presumed unless certified to the contrary by
the chief of police who shall supply the board with medical records of the disability.
At least ninety (90) days' notice shall be given before a promotional examination is
conducted.
(6)
Promotional tests shall be graded, as determined by the board, to include scores on
the written, oral, or other examination components. In addition, seniority shall be
awarded for each year of full-time continuous service since being hired as a police
recruit or police officer. If the candidate has been rehired after a period of
separation, seniority for promotional tests shall be calculated from the most recent
hire date. The results of the written, oral, or other examination components shall be
combined with the seniority component to determine the applicant's final earned
rating. The board shall determine the weight for each component of the final earned
rating, including seniority. The weight assigned to seniority as a component shall
not exceed ten percent (10%) of the maximum number of points attainable for all
examination components combined. If the number of candidates exceeds the
number of positions in the rank for which the candidates are being tested, the chief
examiner may set a cut-off score on any of the tests, excluding seniority, that
candidates must meet or exceed in order for them to progress in the selection
process. The cut-off score shall be set such that the number of candidates equals
one-half (1/2) the number of positions in the rank for which the candidates are being
tested, that number to be rounded up, at the time of the posting. If ties exist at the
cut-off score, individuals having tied scores shall progress in the selection process.
(7) Promotional eligibility lists shall contain the names of successful candidates in the
order of their standing through examination. An individual's results and ratings are
subject to review by the individual candidate but are otherwise confidential.
(8) The chief examiner shall compile the results of all examinations. Upon completion
of grading of examinations, candidates shall be informed by mail of the final
evaluated rating attained and their individual ranking on the eligibility list. An
applicant may, by appointment, discuss his or her examination results within the
offices of the chief examiner during business hours at any time when such review
will not interfere with the work of the board. Such review must be requested within
ten (10) calendar days following the establishment of the eligibility list. The board
shall make examination questions and answers available for inspection by the
applicant upon the filing of a written challenge.
(9) In filling promotional vacancies, the chief of police shall select from not more than
five (5) candidates graded highest on the appropriate eligibility list. The board shall
determine the justification for not promoting a candidate with the higher evaluated
rating who has been certified for promotion four (4) times. If the board determines
that the candidate's nonpromotion is unjustified or unsupported by the evidence, the
candidate shall be promoted. The certified rank list for promotions shall be valid for
two (2) years and shall not be extended. All promotional vacancies shall be filled
within sixty (60) days of the vacancy.
(10) For the purposes of this section:
(a) "Continuous service" means the period of time in which a police officer has
been employed full-time in that position with the consolidated local
government police department without separation. Continuous service shall
not be broken if an employee, who has been involuntarily terminated, is
reinstated by legal process; and
(b)
"Separation" means removal from employment as a police officer but shall not
include lawful leaves of absence from duty such as military leave, medical
leave, or other lawful absences where return to duty is ordinarily expected.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 83, sec. 2, effective July 14, 2018. -- Amended
2007 Ky. Acts ch. 131, sec. 1, effective June 26, 2007. -- Amended 2003 Ky. Acts
ch. 118, sec. 8, effective March 18, 2003. -- Created 2002 Ky. Acts ch. 339, sec. 10,
effective July 15, 2002.
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