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95.765 Removal or reduction in grade -- Grounds -- Procedure -- Suspension -- Punishment.

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95.765 Removal or reduction in grade -- Grounds -- Procedure -- Suspension -- Punishment. (1) No member of the police or fire departments shall be removed from the department or reduced in grade upon any reason except inefficiency, misconduct, <br>insubordination or violation of law, or violation of the rules adopted for the <br>departments. Any person may prefer charges against a member of the police or fire <br>departments, which must be filed in the office of the mayor, who shall thereupon <br>communicate said charges without delay to the legislative body. Said charges must <br>be written, signed by the person making such charges and must set out with <br>clearness and distinctness each and every charge. It shall be the duty of the mayor <br>and each member of the legislative body, whenever probable cause appears, to <br>prefer charges against any member of the police or fire departments whom he or she <br>believes to have been guilty of any conduct justifying his removal or punishment in <br>the interest of public order. The charges thus filed shall be written and shall set out <br>with distinctness and clearness the charges made, and upon the hearing of any <br>charges, as hereinafter provided, all said charges shall be considered traversed, and <br>put in issue, and the trial shall be confined to matters related to the issue so <br>presented. All charges against members of the police or fire departments shall be <br>filed with the clerk of the legislative body, and within three (3) days after said filing <br>the legislative body shall proceed to hear and examine said charges; provided two <br>(2) days before said hearing the member of the police or fire departments, accused, <br>has been served with a copy of said charges, and a statement of the day, place and <br>hour at which and when the hearing of said charges shall begin. The person accused <br>may, however, in writing, waive the service of said charges, and demand trial within <br>three (3) days after said charges are filed with the clerk of said legislative body. The <br>legislative body will have the power to summon and compel the attendance of <br>witnesses at all hearings or sittings by said body, upon subpoena issued by the clerk <br>of said body, and served upon said witnesses by any officer authorized to serve <br>subpoenas from any court of justice in the county. 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 of the police or fire <br>department, the accused, shall have the right to have subpoenaed, in his behalf, any <br>witness he may desire, upon furnishing their names to the clerk of said body, and <br>the action and decision of said body on said charges shall be reduced to writing and <br>shall be entered in a book to be kept for that purpose by the clerk of said legislative <br>body, and the written charges filed in this matter shall be preserved and securely <br>attached to the book containing the legislative body's decisions. (2) In cases where the mayor or chief has probable cause to believe that a member of the police or fire department has been guilty of any conduct justifying removal or <br>punishment, he may suspend said member from duty, or from both pay and duty, <br>pending said trial, and said member shall not be placed on duty or allowed pay <br>thereafter until the charges are heard by the legislative body. The said body shall fix <br>punishment against a member of the police or fire departments found guilty of any charge under KRS 95.761 to 95.785, by reprimand or suspension for any length of <br>time in their judgment, not to exceed six (6) months, or by reducing the grade, if the <br>accused be chief or other officer, or by combining any two (2) or more of said <br>punishments, or by removal or dismissal from the service of any such member of <br>the police or fire department. No member of the police or fire department except as <br>provided in KRS 95.761 to 95.785 shall be reprimanded, removed, suspended, or <br>dismissed from the department until written charges have been made, or preferred <br>against him, and a trial had as herein provided. Effective: January 2, 1978 <br>History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 121, effective January 2, 1978. -- Created 1942 Ky. Acts ch. 9, sec. 6.