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67C.323 Review of disciplinary actions -- Hearings -- Appeal.

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Page 1 of 2 67C.323 Review of disciplinary actions -- Hearings -- Appeal. In all cases provided for in KRS 67C.321, the action of the chief shall be final except in <br>the following cases: <br>(1) Every action in the nature of a dismissal, suspension, or demotion of a nonprobationary officer made by the chief shall be subject to review by the board at <br>the request of any officer affected by KRS 67C.301 to 67C.327. An appeal to the <br>board of a dismissal, demotion, or forty (40) hour or more suspension of a <br>nonprobationary officer shall be heard by the full board. The board shall give notice <br>and hold a public hearing. After the hearing, the board shall retire in executive <br>session to discuss the evidence introduced at the hearing and to make its <br>determination and conclusion. While in executive session, the board shall not <br>receive any further evidence or communication from any source prior to reaching its <br>determination and conclusion. The board, while in executive session, may request <br>and receive legal advice from board counsel on specific legal issues which may <br>arise during deliberations. If a majority of the members of the board are of the <br>opinion that the action of the chief is unjustified or unsupported by proper evidence, <br>the order of the chief may be set aside and revoked by the board, and the board may <br>impose the penalty or punishment it deems necessary and appropriate, if any; <br>provided however, the board shall not impose a penalty or punishment in excess of <br>the action of the chief. No officer shall be removed or dismissed except as provided <br>for in this section. (2) An appeal to the board of a suspension of a nonprobationary officer of less than forty (40) hours may be heard by the full board or any hearing officer secured by the <br>board. If the appeal is heard by a hearing officer, all rules established by the board <br>relating to appeals of disciplinary actions shall be applicable. After the hearing, the <br>hearing officer shall complete and submit to the board, no later than thirty (30) days <br>after the hearing, a written recommended order which shall include his findings of <br>fact, conclusions of law, and recommended disposition of the appeal, which may <br>include recommended penalties. The recommended order shall also include a <br>statement advising the appealing officer and chief fully of their exception and <br>appeal rights. A copy of the hearing officer's recommended order shall be sent to the <br>appealing officer and chief. Each party shall have fifteen (15) days from the date the <br>recommended order is mailed within which to file exceptions to the <br>recommendations with the board. The board shall consider the record including the <br>recommended order in any exceptions duly filed to a recommended order, and <br>accept and adopt or reject or modify, in whole or in part, the recommended order, or <br>remand the appeal of the matter, in whole or in part, to the hearing officer for <br>further proceedings as appropriate. The final order of the board shall be in writing. <br>If the final order differs from the recommended order, it shall include separate <br>statements of findings of fact and conclusions of law. The board shall render a final <br>order in an administrative hearing within thirty (30) days after receipt of the hearing <br>officer's recommended order. (3) (a) Every action of a dismissal, suspension, or demotion made by the board shall be final, except that any person aggrieved may, within thirty (30) days after Page 2 of 2 the action, appeal to the Circuit Court of the county in which the board meets. <br>The board shall be named respondent as the consolidated local government <br>police force merit board, and service shall be had on the chairman of the <br>board. The appeal taken to the Circuit Court shall be docketed by the clerk as <br>a civil action with appropriate judicial review of an administrative action or <br>decision. (b) The judgment of the Circuit Court shall be subject to appeal to the Court of Appeals. The procedure as to the appeal to the Court of Appeals shall be the <br>same as in any civil action. Effective: March 18, 2003 <br>History: Amended 2003 Ky. Acts ch. 118, sec. 10, effective March 18, 2003. -- Created 2002 Ky. Acts ch. 339, sec. 12, effective July 15, 2002.