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95.450 Discipline of members.

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95.450 Discipline of members. (1) Except as provided in subsection (5) of this section no member of the police or fire department in cities of the second and third classes or urban-county government <br>shall be reprimanded, dismissed, suspended or reduced in grade or pay for any <br>reason except inefficiency, misconduct, insubordination or violation of law or of the <br>rules adopted by the legislative body, and only after charges are preferred and a <br>hearing conducted as provided in this section. (2) Any person may prefer charges against a member of the police or fire department by filing them with the clerk of the legislative body who shall immediately <br>communicate the same to the legislative body. The mayor shall, whenever probable <br>cause appears, prefer charges against any member whom he believes guilty of <br>conduct justifying his dismissal or punishment. The charges shall be written and <br>shall set out clearly the charges made. The person preferring the charges may <br>withdraw them at any time prior to the conclusion of the hearing. The charges may <br>thereupon be dismissed. (3) Upon the hearing all charges shall be considered traversed and put in issue, and the trial shall be confined to matters related to the issues presented. Within three (3) <br>days after the charges have been filed with the legislative body, that body shall <br>proceed to hear the charges. At least two (2) days before the hearing the member <br>accused shall be served with a copy of the charges and a statement of the day, place <br>and hour at which the hearing of the charges will begin. The person accused may, in <br>writing, waive the service of charges and demand trial within three (3) days after the <br>charges are filed with the clerk. (4) The legislative body may summon and compel attendance of witnesses at hearings by subpoena issued by the clerk of that body and served upon the witnesses by any <br>officer authorized to serve court subpoenas. If any witness fails to appear in <br>response to a summons or refuses to testify concerning any matter on which he may <br>lawfully be interrogated, any District Judge, on application of the commission, may <br>compel obedience by proceedings for contempt as in the case of disobedience of a <br>subpoena issued from the District Court. The member accused may have <br>subpoenaed any witnesses he may desire, upon furnishing their names to the clerk. <br>The action and decision of the body on the charges shall be reduced to writing and <br>entered in a book kept for that purpose, and the written charges filed in the matter <br>shall be attached to the book containing the decision. (5) When the appointing authority or the head of the department has probable cause to believe a member of the police or fire department has been guilty of conduct <br>justifying dismissal or punishment, he or it may suspend the member from duty or <br>from both pay and duty, pending trial, and the member shall not be placed on duty, <br>or allowed pay, until the charges are heard. If the member is suspended, there shall <br>be no continuances granted without the consent of the member accused. (6) The legislative body shall fix the punishment of a member of the police or fire department found guilty, by a reprimand, suspension for any length of time not to <br>exceed six (6) months, by reducing the grade if the accused is an officer, or by combining any two (2) or more of those punishments, or by dismissal from the <br>service. Effective: January 2, 1978 <br>History: Amended 1976 (1st Exra. Sess.) Ky. Acts ch. 14, sec. 115, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 165, sec. 1. -- Amended 1974 Ky. Acts ch. 248, <br>sec. 7. -- Amended 1956 Ky. Acts ch. 246, sec. 14, effective May 18, 1956. -- <br>Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. <br>secs. 3138-1, 3138-4, 3235dd-35, 3351a-2.