KRS § 78.440 — KY Code / Title IX / Chapter 78 / Section 78.440
78.440 Board to promulgate rules governing certain subjects -- Publications -- Qualifications -- Requirements for promotion
Status: in_force

78.440 Board to promulgate rules governing certain subjects -- Publications --

Qualifications -- Requirements for promotion.

(1) Every county police force merit system board created hereunder shall make,

promulgate, and when necessary, amend rules for the qualifications, original

appointment, probation, promotion, demotion, transfer, lay-off, reinstatement,

suspension, fine, and removal of the officers and employees covered by KRS

78.400 to 78.460. No rule or regulation made, promulgated, or amended by any

county police force merit system board shall be inconsistent with the express

provisions of this chapter. The board shall publish its rules and any amendments by

supplying a certified copy to the county judge/executive, the fiscal court, and the

chief, and by posting a copy conspicuously in the office or place where the

headquarters of the county police is maintained. The rules and amendments shall be

published in the manner prescribed within three (3) days after the adoption thereof.

(2) The rules in addition to other matters shall specifically provide for and cover the

following:

(a) 1. Physical, mental, educational, citizenship, and age requirements for new

employees and officers.

2. Physical, mental, educational, citizenship, and age requirements for new

employees and officers and seniority requirements for promotion from

lower to higher rank or classification.

3. A grade A patrolman shall have three (3) years of service as a grade A

patrolman before he may be eligible for the promotion to the rank of

sergeant. If there are fewer than fifty (50) police officers on the police

force, the merit board may waive this service requirement.

(b) 1. Open competitive written, oral, and physical tests to determine the

relative fitness of all candidates and examinations for original

appointment and for promotion.

2. Public notices of examinations provided in subparagraph 1 of paragraph

(b) and subparagraph 2 of paragraph (a) of this subsection.

(c) Temporary appointments in case of emergency.

(d) Organization and meetings of the board.

(e) Procedure and conduct of public hearings.

(3) No county police force merit system board shall adopt a rule requiring the

retirement of officers or employees prior to the first day of the month following the

officer or employee's fifty-eighth birthday. This subsection shall not prohibit

retirement prior to age fifty-eight (58) on a voluntary basis.

(4) The board shall employ a chief examiner who shall be professionally qualified and

experienced in the field of testing and who shall formulate, give, grade, and

administer all written tests as required by the board. The chief examiner shall report

to the board the results of all tests given by him and he shall be solely responsible to

the board. The chief examiner shall select a panel of three (3) members to conduct

an oral examination of the applicants for promotion. The panel shall consist of three

(3) persons of a supervisory capacity from an outside agency or agencies in the

same field and of the same rank to which the applicant is aspiring. The chief

examiner shall compile the grades of all applicants in strict compliance with

procedures and percentages as set out below and shall deliver, in a sealed envelope,

the scores of all applicants for promotion to the chairman of the board. The chief

examiner shall not reveal to anyone the results of said tests other than in the manner

set forth herein. If there are fewer than fifty (50) applicants for testing, the merit

board may waive the requirements of this subsection and substitute other

appropriate testing methods as determined by the board, but no testing method or

the grading shall depart from or be inconsistent with the procedures and percentages

set out below which shall be strictly followed in determining an applicant's

eligibility for promotion.

(5) Physical fitness for promotion shall be presumed unless certified to the contrary by

the chief of police who shall supply the board with medical records of the disability.

(6) At least ninety (90) days' notice shall be given before the promotional examination

is conducted.

(7) The grading of promotional tests shall be as follows: sixty percent (60%) for written

examination; thirty percent (30%) for oral examination; one percent (1%) for each

year in seniority in grade, not to exceed ten percent (10%). Seniority points shall be

awarded for each year of service after five (5) full years of service. The results of

the written and oral examinations shall be added to the seniority points available to

each applicant in determining the applicant's final evaluated rating.