Kentucky Statutes 70.273 – Disciplinary and removal procedures by board — Hearing — Appeals
Current as of: 2024 | Check for updates
|
Other versions
(1) The board may remove, suspend, lay off or discipline any deputy sheriff covered by the provisions of KRS § 70.260 to KRS § 70.273 on written charges of misconduct preferred on its own initiative or the initiative of any citizen, but only after reasonable notice to the accused and after a complete public hearing at which the deputy accused shall have the right to be present, represented by counsel, and confronted by all of the witnesses preferring charges against him.
(2) Procedural due process shall be afforded to all deputy sheriffs by the board. The board shall notify the deputy promptly and in writing of any charges brought against him by the board or by a citizen. The board shall have the power to issue subpoenas and to compel the attendance of witnesses, and shall conduct the hearing, as far as possible, within the Kentucky Rules of Civil Procedure. Any deputy who is not given a hearing within sixty (60) days of any charge being preferred shall be reinstated in full.
(3) After a full public hearing by the board, the board shall retire into executive session to discuss the evidence introduced at the hearing and to make its determination and conclusion. The board in executive session shall not receive any further evidence or communication from any source, except for legal advice from the board’s counsel, prior to reaching its determination and conclusion.
(4) When an appointment is revoked during the probationary period described in KRS
70.267(5), the action of the sheriff shall be final. In all other disciplinary matters, the action of the sheriff or the board shall be final, except that any aggrieved person may, within thirty (30) days after the decision is rendered, appeal to the Circuit Court of the county in which the board meets. The board shall be named as respondent, and the county attorney shall represent the board before the court. The appeal taken to the Circuit Court shall be a review of record by the court.
(5) The provisions of KRS § 70.260 to KRS § 70.273 shall not apply to any nonsworn employee appointed by the sheriff pursuant to KRS § 70.030, to any special deputy appointed by the sheriff pursuant to KRS § 70.045, or to a deputy in a policy-making or confidential position excluded from coverage by the ordinance creating the deputy sheriff merit board.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 104, sec. 5, effective July 15, 1996. — Created
1992 Ky. Acts ch. 438, sec. 5, effective July 14, 1992.
(2) Procedural due process shall be afforded to all deputy sheriffs by the board. The board shall notify the deputy promptly and in writing of any charges brought against him by the board or by a citizen. The board shall have the power to issue subpoenas and to compel the attendance of witnesses, and shall conduct the hearing, as far as possible, within the Kentucky Rules of Civil Procedure. Any deputy who is not given a hearing within sixty (60) days of any charge being preferred shall be reinstated in full.
Terms Used In Kentucky Statutes 70.273
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
(3) After a full public hearing by the board, the board shall retire into executive session to discuss the evidence introduced at the hearing and to make its determination and conclusion. The board in executive session shall not receive any further evidence or communication from any source, except for legal advice from the board’s counsel, prior to reaching its determination and conclusion.
(4) When an appointment is revoked during the probationary period described in KRS
70.267(5), the action of the sheriff shall be final. In all other disciplinary matters, the action of the sheriff or the board shall be final, except that any aggrieved person may, within thirty (30) days after the decision is rendered, appeal to the Circuit Court of the county in which the board meets. The board shall be named as respondent, and the county attorney shall represent the board before the court. The appeal taken to the Circuit Court shall be a review of record by the court.
(5) The provisions of KRS § 70.260 to KRS § 70.273 shall not apply to any nonsworn employee appointed by the sheriff pursuant to KRS § 70.030, to any special deputy appointed by the sheriff pursuant to KRS § 70.045, or to a deputy in a policy-making or confidential position excluded from coverage by the ordinance creating the deputy sheriff merit board.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 104, sec. 5, effective July 15, 1996. — Created
1992 Ky. Acts ch. 438, sec. 5, effective July 14, 1992.