KRS § 67C.326 — KY Code / Title IX / Chapter 67C / Section 67C.326
67C.326 Review of citizen complaints against police officers
Status: in_force

67C.326 Review of citizen complaints against police officers.

(1) As used in this section:

(a) "Citizen" means any individual who is not:

1. A member or supervisor within the law enforcement agency that

employs an officer; or

2. An elected or appointed official within the unit of government under

which the law enforcement agency that employs the officer is organized;

(b) "Complaint" means any statement by a citizen, whether written or verbal, that

alleges any type of misconduct by an officer, including any statement that is

submitted or received anonymously;

(c) "Disciplinary action" means termination, demotion, a decrease in pay or

grade, suspension without pay, or a written reprimand;

(d) "Interrogation" means a formal investigative interview and does not mean

conversations or meetings of supervisory personnel and subordinate officers

that are not intended to result in disciplinary action, such as conversations or

meetings held for the purpose of providing corrective instruction, counseling,

or coaching; and

(e) "Misconduct" means any act or omission by that officer that violates criminal

law or the rules and administrative regulations of the department or

consolidated local government.

(2) In order to establish a minimum system of professional conduct for the police

officers of consolidated local governments of this Commonwealth, the following

standards are stated as the intention of the General Assembly to deal fairly and

establish administrative due process rights for police officers of the consolidated

local government and, at the same time, provide a means for redress by the citizens

of the Commonwealth for wrongs allegedly done to them by police officers covered

by this section.

(3) Any complaint taken from a citizen alleging misconduct on the part of any police

officer, as defined herein, shall be taken as follows:

(a) If the complaint alleges criminal activity by a police officer, the allegations

may be investigated without a signed, sworn complaint of the citizen;

(b) If the complaint alleges any other type of misconduct, an affidavit, signed and

sworn to by the citizen, shall be obtained, except as provided by paragraph (c)

of this subsection; or

(c) If a complaint is required to be obtained and the citizen, upon request, refuses

to make allegations under oath in the form of an affidavit, signed and sworn

to, the department may investigate the allegations, but shall bring charges

under subsection (6) of this section against the police officer only if the

department can independently substantiate the allegations absent the sworn

statement of the citizen.

(4) (a) When an officer is accused of misconduct by any individual within the

department employing the police officer, including supervisors and elected or

appointed officials of the police officer's department, or by a citizen

complaint, the department shall conduct any investigation subject to the

provisions of subsection (5) of this section, formally charge the police officer

in accordance with subsection (6) of this section, and conduct a hearing in

accordance with subsection (7) of this section before any disciplinary action is

taken against the police officer.

(b) The provisions of this subsection shall not prevent the department from

suspending the police officer, with or without pay, during an investigation and

pending the final disposition of any formal charges, except that a police

officer suspended without pay shall be entitled to full back pay and benefits

for the regular hours the officer would have worked if no formal charges were

brought or the board finds the officer not guilty of the charges.

(5) (a) Any complaint filed by a citizen under subsection (3) of this section or any

allegation of misconduct under subsection (4) of this section shall be

investigated by the department or another designated law enforcement agency

if the department determines that an investigation of the complaint or the

alleged misconduct is warranted.

(b) No threats, promises, or coercions shall be used at any time against any police

officer while he or she is a suspect in a criminal or departmental matter.

Suspension from duty with or without pay, or reassignment to other than an

officer's regular duties during the period, shall not be deemed coercion. Prior

to or within twenty-four (24) hours after suspending the officer pending

investigation or disposition of a complaint, the officer shall be advised in

writing of the reasons for the suspension.

(c) No police officer shall be subjected to interrogation in a departmental matter

involving alleged misconduct on his or her part, until forty-eight (48) hours

have expired from the time the request for interrogation is made to the

accused officer, in writing. The interrogation shall be conducted while the

officer is on duty. The notice of interrogation shall include a statement of any

reason for the interrogation and served on the officer by certified mail, return

receipt requested, or by personal delivery.

(d) If requested by the department no later than the end of the subject officer's

next tour of duty after the tour of duty during which the department initially

was made aware of the allegations of misconduct, the officer shall submit a

written report of the alleged incident.

(e) If a police officer is under arrest, or likely to be arrested, or a suspect in any

criminal investigation, he or she shall be afforded the same constitutional due

process rights that are accorded to any civilian, including but not limited to

the right to remain silent and the right to counsel, and shall be notified of

those rights before any questioning commences.

(6) (a) If it is determined through investigation or other means that the facts alleged

in a citizen complaint or other allegation of misconduct warrant disciplining

the officer, the department shall provide the officer the written statement

required in KRS 67C.321(1)(a), which shall include sufficient specificity so as

to fully inform the police officer of the nature and circumstances of the

alleged violation in order that he or she may be able to properly defend

himself or herself.

(b) The written statement shall be signed by the chief, set out the disciplinary

action intended by the chief, and be served on the police officer in writing by

certified mail, return receipt requested, or by personal delivery.

(c) When a police officer has been charged with misconduct, no public statements

shall be made concerning the alleged violation by any person or persons of the

consolidated local government or the police officer so charged, until final

disposition of the charges.

(d) No police officer as a condition of continued employment by the consolidated

local government shall be compelled to speak or testify or be questioned by

any person or body of a nongovernmental nature.

(7) Subject to KRS 67C.321 and 67C.325, a hearing shall be conducted by the board to

determine whether the discipline issued by the chief is supported by a

preponderance of the evidence and whether the disciplinary action recommended by

the chief is justified. In conducting a hearing, the following administrative due

process rights shall be recognized and these shall be the minimum rights afforded

any police officer charged, except as otherwise agreed to in writing by the officer

and the employing agency:

(a) The accused police officer shall have been given at least twelve (12) days'

written notice of any hearing. The notice shall be served on the officer by

certified mail, return receipt requested, or by personal delivery;

(b) Copies of any sworn statements or affidavits to be considered by the board

and any exculpatory statements or affidavits shall be furnished to the police

officer no less than twelve (12) days prior to the time of any hearing;

(c) At any hearing based upon the sworn complaint of a citizen, the citizen shall

be notified to appear at the time and place of the hearing by certified mail,

return receipt requested, or by personal delivery;

(d) If the return receipt has been returned unsigned, or the citizen does not appear,

except where due to circumstances beyond his or her control he or she cannot

appear at the time and place of the hearing, any charge resulting from a

complaint made by that citizen shall not be considered by the hearing

authority and shall be dismissed with prejudice;

(e) The accused police officer shall have the right and opportunity to obtain and

have counsel present, and to be represented by the counsel;

(f) The board shall subpoena and require the attendance of witnesses and the

production by them of books, papers, records, and other documentary

evidence at the request of the accused police officer or the chief. If any person

fails or refuses to appear under the subpoena, or to testify, or to attend, or

produce the books, papers, records, or other documentary evidence lawfully

required, the board may report to the Circuit Court or any judge thereof the

failure or refusal, and apply for a rule. The Circuit Court, or any judge thereof,

may on the application compel obedience by proceedings for contempt as in

the case of disobedience of the requirements of a subpoena issued from the

court;

(g) The accused police officer shall be allowed to present witnesses and any

documentary or other relevant evidence the police officer wishes to provide to

the board, and may cross-examine all witnesses called by the charging party;

(h) For any police officer suspended with or without pay who is not given a

hearing as provided by this section within sixty (60) days his or her appeal of

the final opinion by the chief or the chief's designee, the discipline and

charges issued by the chief shall be dismissed with prejudice, shall not be

considered by the board, and the officer shall be reinstated with full back pay

and benefits;

(i) Any police officer who has been suspended without pay who is found not

guilty of the charges by the board shall be reinstated with the full back pay

and benefits for the regular hours he or she would have worked;

(j) The failure to provide any of the rights or to follow the provisions of this

section may be raised by the officer with the hearing authority. The hearing

authority shall not exclude proffered evidence based on failure to follow the

requirements of this section but shall consider whether, because of the failure,

the proffered evidence lacks weight or credibility and whether the officer has

been materially prejudiced; and

(k) To the extent the provisions of KRS 61.805 to 61.850 are applicable, the

board may conduct the hearing required by this subsection in a closed session

unless the police officer requests of the board, in writing at least three (3) days

prior to the hearing, that the hearing be open to the public.

(8) As the provisions of this section relate to a minimum system of professional

conduct, nothing in this section shall be interpreted or construed to:

(a) Limit or in any way affect any rights previously afforded to a police officer of

the consolidated local government by statute, collective bargaining or working

agreement, or legally adopted ordinance;

(b) Preclude a consolidated local government from investigating and charging a

police officer both criminally and administratively; or

(c) Prevent the suspension, with or without pay or reassignment, of a police

officer during an investigation and pending the final disposition of charges.