KRS § 67C.323 — KY Code / Title IX / Chapter 67C / Section 67C.323
67C.323 Review of disciplinary actions -- Hearings -- Appeal
Status: in_force

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

In all cases provided for in KRS 67C.321, the discipline issued by the chief, upon final

opinion issued by the chief, or the chief's designee following the pre-disciplinary hearing,

shall be reviewed by the board as follows:

(1) All discipline consisting of either a dismissal, suspension, or demotion of a

nonprobationary officer made by the chief shall be subject to review by the board.

Discipline consisting of dismissal, demotion, or a forty (40) hour or more

suspension of a nonprobationary officer shall be heard by the full board. The board

shall give notice and hold a hearing. After the hearing, the board shall, without the

parties to the appeal, retire in executive session to discuss the evidence introduced

at the hearing and to make its determination and conclusion. While in executive

session, the board shall not receive any further evidence or communication from

any source prior to reaching its determination and conclusion. The board, while in

executive session, may request and receive legal advice from board counsel on

specific legal issues which may arise during deliberations. If a majority of the

members of the board are of the opinion that the discipline issued by the chief is

unsupported by a preponderance of the evidence or that the discipline is unjustified,

the board may impose the penalty or punishment it deems necessary and

appropriate, if any; provided however, the board shall not impose a penalty or

punishment in excess of the discipline issued by the chief. No officer shall be

removed or dismissed except as provided for in this section.

(2) All discipline consisting 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 board. If the appeal of the discipline is heard by a hearing officer, all rules

established by the board relating to disciplinary hearings shall be applicable. After

the hearing, the hearing officer shall complete and submit to the board, no later than

thirty (30) days after the hearing, a written recommended order which shall include

his or her findings of fact, conclusions of law, and recommended disposition of the

appeal of the discipline, which may include recommended penalties. The

recommended order shall also include a statement advising the officer and chief

fully of their exception and appeal rights. A copy of the hearing officer's

recommended order shall be sent to the appealing officer and chief. Each party shall

have fifteen (15) days from the date the recommended order is mailed within which

to file exceptions to the recommendations with the board. The board shall consider

the record including the recommended order and any exceptions duly filed to a

recommended order, and accept and adopt or reject or modify, in whole or in part,

the recommended order, or remand the matter, in whole or in part, to the hearing

officer for further proceedings as appropriate. The final order of the board shall be

in writing. If the final order differs from the recommended order, it shall include

separate statements of findings of fact and conclusions of law. The board shall

render a final order in an administrative hearing within thirty (30) days after receipt

of the hearing 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

the action, appeal to the Circuit Court of the county in which the board meets.

The board shall be named respondent as the consolidated local government

police force merit board, and service shall be had on the chairman of the

board. Notice of the appeal shall be given to the chief or the officer if not

already a party to the appeal as real parties in interest. The appeal taken to the

Circuit Court shall be docketed by the clerk as a civil action with appropriate

judicial review of an administrative action or 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

same as in any civil action.