KRS § 16.140 — KY Code / Title III / Chapter 16 / Section 16.140
16.140 Discipline and removal of officers -- Grounds and procedure -- Removal of civilian employees -- Probationary period
Status: in_force

16.140 Discipline and removal of officers -- Grounds and procedure -- Removal of

civilian employees -- Probationary period.

(1) With the exceptions specified in this section, KRS 16.150, 16.160, and 16.196 to

16.199, no officer of the department shall be removed, suspended, reduced in grade

or pay for any reason except inefficiency, misconduct, insubordination, or violation

of law or of any administrative regulation promulgated by the commissioner. Any

person may prefer charges in writing against any officer or individual employed as a

Trooper R Class, which shall be filed in the Office of Internal Affairs, which shall

be designated by the commissioner as the recipient of charges and shall be

administratively responsible for the maintenance of good order within the

department through the collection and investigation of charges and the retention of

their dispositions. The charges shall be signed by the person making the same, and

shall set out with clarity and distinction each and every charge. The commissioner,

whenever probable cause appears, shall prefer charges against any officer whom he

believes to have been guilty of conduct justifying his removal or punishment, in the

interest of public order. Within five (5) days after the filing of charges, the Office of

Internal Affairs shall deliver a copy thereof, personally, by certified mail, return

receipt requested to the officer offending. Within five (5) days after the receipt

thereof, the officer may demand public hearing, or may admit the truth of the

charges in whole or in part. If the officer admits the truthfulness of the charges, the

commissioner shall remove, suspend, reduce in rank or pay the officer so offending,

in proportion to the seriousness of the charges.

(2) If the charges are denied and the officer demands a hearing within the time above

specified, he shall make his demand known to the commissioner in writing. After

demand for hearing has been made, the commissioner within twenty (20) days from

the date thereof shall arrange for a public hearing before a trial board to be

constituted in the manner provided in this section. The officer defendant shall be

given not less than twenty (20) days' notice of the time, place, and hour of the

hearing.

(3) Upon the hearing, all charges shall be considered traversed and put in issue, and the

trial shall be confined and limited to the issues presented by the written charges.

The trial board hearing the charges may summon and compel the attendance of

witnesses at all hearings or sittings, by subpoena issued by the commissioner and

served upon any witness by any sheriff or other person authorized by law to serve

process. If any person fails to comply with any lawful order of the department or

with process, or if any witness refuses to testify concerning any matter in which he

may lawfully be interrogated, any Circuit Judge, upon application of the trial board,

or the commissioner, may compel obedience by proceedings for contempt as in the

case of disobedience of a subpoena issued from the Circuit Court or a refusal to

testify in that court.

(4) The officer defendant shall have the right to subpoena in his behalf any witnesses he

may desire, upon furnishing their names to the trial board or to the commissioner.

The officer shall likewise have the right to appear in person and by counsel.

(5) All charges against the officer defendant, together with all proceedings before the

trial board, shall be transcribed and reduced to writing and a permanent record kept

thereof.

(6) In any instance where the commissioner has probable cause to believe that an

officer has been guilty of conduct justifying his removal or punishment, he may

immediately suspend the officer from duty, or from both pay and duty, pending trial,

and the officer shall not be again placed on duty or allowed pay thereafter until a

determination of the charges under this section.

(7) The trial board, after hearing the charges, shall fix the punishment of any officer

found guilty of any one (1) or more charges, by reprimand or suspension for any

length of time not to exceed six (6) months, or by reducing the grade if the officer's

classification warrants same, or by combining any two (2) or more of the

punishments, or by reducing the monthly salary of the officer by not more than

twenty percent (20%) for not more than six (6) months, or by removing or

dismissing from the service of the department any officer so found guilty.

(8) For the purpose of hearing charges against any officer, as set forth in this section,

there is created a trial board, which shall consist of the commissioner and of a panel

of ten (10) officers of the department appointed by the commissioner. The

commissioner shall designate from the panel not less than three (3) nor more than

seven (7) members thereof to hear charges against any officer in the manner and

under the procedure above set forth. The commissioner may promulgate reasonable

administrative regulations governing the procedure before the trial board, which do

not conflict with this section. The panel or trial board shall be a continuing body,

and the officers designated shall serve thereon in addition to their other duties and

without any increase in compensation, except they may be reimbursed for meals,

lodging, and traveling expenses incurred while in the performance of their official

duties as members of the board. Any officer defendant may for cause challenge the

right of any member of the board in the trial of any action against him, and if the

remaining members of the board find that the challenge is justifiable, the member of

the board shall be excused from hearing the charges, and another member

substituted in lieu thereof.

(9) No officer is entitled to a hearing as provided in this section, unless his suspension

is for more than twenty (20) days, or his pay reduced more than ten percent (10%);

but if the officer receives more than twenty (20) days' suspension or reduction in

salary of more than ten percent (10%) within a period of one (1) year, he shall have

the right to such hearing in the manner above provided.

(10) Any civilian employee may be discharged, suspended, or reduced in pay at any time

by the commissioner, pursuant to KRS Chapter 18A.

(11) Any officer appointed to the department shall be considered on probation for a

period of one (1) year from and after the date of his appointment, and during that

period may be discharged or suspended or reduced in rank or pay, with or without

cause, by the commissioner. The rights conferred upon an officer for a hearing, as

provided in this section, shall not accrue until the officer has been employed by the

department for a period of one (1) year or more.