KRS § 90.190 — KY Code / Title IX / Chapter 90 / Section 90.190
90.190 Dismissals and demotions
Status: in_force

90.190 Dismissals and demotions.

(1) Any suspension in excess of ten (10) days, dismissal or demotions of employees in

positions subject to the provisions of KRS 90.110 to 90.230 may be made only by

the appointing authority upon the filing of written statements of the reasons of such

suspension in excess of ten (10) days, or dismissals or demotions with the board,

provided that copies of all such statements shall be furnished to the employees so

suspended, dismissed, or demoted, on or before the effective date of such

suspension, dismissal, or demotion, provided further that employees holding

probationary appointments may be dismissed without the appointing authority being

required to furnish either the board or the suspended, or dismissed, or demoted

employee with a written statement of the reasons for such suspension, dismissal, or

demotion. Any employee who has been suspended in excess of ten (10) days,

dismissed, or demoted holding a regular appointment, shall be entitled, upon written

demand, to a public hearing by the board, at which time he shall have the right to

introduce evidence in his own behalf, and to be represented by counsel.

(2) The board shall investigate and determine the justification for all suspensions in

excess of ten (10) days, or dismissals, or demotions, reported, or complained of,

according to the provisions of this section. The board shall keep an accurate record

of its proceedings under this section, including evidence presented at any public

hearing. The board's order and findings shall be final subject to the right of appeal

as set out in subsections (3) and (4) of this section. Enforcement of the suspension,

dismissal or demotion shall not be suspended pending any proceeding or appeal

provided in this section. Copies of the order and findings of the board shall be

immediately delivered to the mayor, appointing authority, and to the suspended,

dismissed, or demoted employee.

(3) Within thirty (30) days after the order of the board has been entered under

subsection (2) of this section, any employee, who has been aggrieved by the order of

the board, or the mayor or the appointing authority may appeal to the Circuit Court

in the county in which the city is located in the following manner:

(a) Upon request in writing by the person making the appeal, and the payment of

costs therefor, the secretary of the board shall provide a certified copy of the

record and the findings of that body to the appellant. The appeal shall be

prosecuted by filing a complaint in Circuit Court and shall otherwise be in

accordance with the Rules of Civil Procedure. Upon the record being filed by

the appellant, the case shall be docketed in the Circuit Court and tried de

novo.

(b) If the secretary fails to provide a certified copy of the record to the appellant

within thirty (30) days after the request is made, then the aggrieved person

may file an affidavit in that court setting out as fully as possible the charges,

together with a copy of the board's findings and a statement that demand for

the transcript had been made of the secretary more than thirty (30) days prior

to the filing of the affidavit. Upon filing of this affidavit in the Circuit Court,

the case shall be docketed in that court and the court may compel the filing of

the transcript by the secretary by entering proper mandatory order, and upon

failure of the secretary to do so, he shall be liable to fine and imprisonment for

contempt. Such appeal shall have precedence over other business and be

determined speedily.

(4) An appeal will lie from the judgment of the Circuit Court to the Court of Appeals as

in other cases, in any controversy arising under this section.

(5) Nothing in KRS 90.110 to 90.230 shall permit the suspension, dismissal, or

demotion of any employee subject to the provisions of KRS 90.110 to 90.230 on

account of religious faith, race, color, creed, or political affiliation.