2022 Kentucky Revised Statutes Chapter 61 - General provisions as to offices and officers -- social security for public employees -- employees retirement system 61.310 Compensation of peace officers -- Other employment -- Gratuities -- Penalties. (Effective January 1, 2023).
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61.310 Compensation of peace officers -- Other employment -- Gratuities -Penalties. (Effective January 1, 2023)
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"Peace officer," as used in this section, means any sheriff, deputy sheriff,
constable or deputy constable granted peace officer powers, patrol or any
other peace officer or deputy peace officer except those appointed pursuant to
KRS 61.360 or 277.270 and those employed by a board of education.
A peace officer shall not receive any compensation or remuneration, directly or
indirectly, from any person for the performance of any service or duty, except
that he or she may be compensated for employment authorized by subsection
(4) of this section and accept donations in accordance with subsection (8) of
this section. Any peace officer who violates this subsection may be removed
from office, under the provisions of KRS 63.170.
(a) Peace officers shall receive for the performance of their services and
duties only such compensation or remuneration as is regularly provided
and paid out of the public funds to the amount and in the manner provided
by law, except that they may be compensated from private funds for
employment authorized by subsection (4) of this section and accept
donations of private funds in accordance with subsection (8) of this
section.
(b) Except as set out in subsection (8) of this section, donations made by
persons to any governmental unit or officer thereof do not constitute
public funds within the meaning of this subsection.
A peace officer may, while in office, and during hours other than regular or
scheduled duty hours, act in any private employment as guard or watchman or
in any other similar or private employment. However, he may not participate
directly or indirectly, in any labor dispute during his off-duty hours. Any peace
officer who violates this subsection may be removed from office, under the
provisions of KRS 63.170.
No principal peace officer shall appoint or continue the appointment of any
deputy contrary to the provisions of this section. When it appears by the
affidavit of two (2) citizens, taxpayers of the county, filed with any principal
peace officer, that there is reasonable cause to believe that any of his deputies
are receiving compensation from private sources contrary to the provisions of
this section, the peace officer shall forthwith investigate the charges contained
in the affidavit, and if he finds the charges are true he shall forthwith remove
any such deputy from office. Failure to do so shall constitute neglect of duty on
the part of the principal peace officer, and he may be removed from office
under the provisions of KRS 63.170.
In addition to being subject to removal from office, any peace officer who
violates any of the provisions of this section shall be fined not less than five
hundred dollars ($500) nor more than five thousand dollars ($5,000), or
confined in jail for not more than one (1) year, or both.
Except as provided in subsection (8) of this section and KRS 61.360 and
277.280, any person who directly or indirectly pays or contributes or causes to
be paid or contributed any money or other thing of value to any peace officer or
to any governmental unit or officer thereof, either as a gift or donation for the
performance of any public duty shall be fined not less than five hundred ($500)
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nor more than five thousand dollars ($5,000).
(a) A sheriff may accept a donation of money or goods to be used for the
public purposes of his or her office if the sheriff establishes a register for
recording all donations that includes, at a minimum:
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The name and address of the donor;
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A general description of the donation;
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The date of acceptance of the donation;
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The monetary amount of the donation, or its estimated worth; and
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Any purpose for which the donation is given.
The register shall constitute a public record, be subject to the provisions
of KRS 61.870 to 61.884, and be made available to the public for
inspection in the sheriff's office during regular business hours.
(b) Any donation to a sheriff shall only be used to further the public purpose
of the office and shall not be used for the private benefit of the sheriff, his
or her deputies, or other employees of the office.
(c) All donations made in accordance with this subsection shall be expended
and audited in the same manner as other funds or property of the sheriff's
office.
(d) For the purposes of this section and KRS 521.060, a donation shall not
be construed to mean a campaign contribution made to the sheriff for his
or her reelection.
Effective:January 1, 2023
History: Amended 2022 Ky. Acts ch. 90, sec. 5, effective January 1, 2023. -Amended 2005 Ky. Acts ch. 103, sec. 1, effective June 20, 2005. -- Amended
1968 Ky. Acts ch. 15, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. secs. 3766a-15 to 3766a-17, 3766a-19
to 3766a-22, 3766a-24.
Legislative Research Commission Note (1987). A technical correction has been
made in this section by the Reviser of Statutes pursuant to KRS 7.136.
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