(A) No member of the Police or Fire Departments shall be removed from the department or reduced in grade for any reason except inefficiency, misconduct, insubordination or violation of law, or violation of the rules adopted for the departments. Any person may prefer charges against a member of the Police or Fire Departments, which must be filed in the Office of the Mayor, who shall, thereupon, communicate said charge without delay to the legislative body. Said charges must be written, signed by the person making such charges and must set out with clearness and distinctness each and every charge. It shall be the duty of the Mayor and each member of the legislative body, whenever probable cause appears to prefer charges against any member of the Police or Fire Departments whom he or she believes to have been guilty of any conduct justifying his or her removal or punishment in the interest of public order. The charges thus filed shall be written and shall set out with distinctness and clearness the charges made, and upon the hearing of any charges, as hereinafter provided, all of said charges shall be considered traversed, and put in issue, and the trial shall be confined to matters related to the issue so presented. All charges against members of the Police or Fire Departments shall be filed with the Clerk of the legislative body and within three days after said filing, the legislative body shall proceed to hear and examine said charges; provided two days before said hearing the member of the Police or Fire Department, accused, has been served with a copy of said charges, and a statement of the day, place, and hour at which and when the hearing of said charges shall begin. The person accused may, however, in writing, waive the service of said charges, and demand trial within three days after said charges are filed with the Clerk of said legislative body. The legislative body will have the power to summon and compel the attendance of witnesses at all hearings or sittings by said body upon subpoena issued by the Clerk of said body, and served upon said witnesses by any officer authorized to serve subpoenas from any court of justice in the county. If any witness fails to appear in response to a summons or refuses to testify concerning any matter on which he or she may lawfully be interrogated, any District Court Judge, on application of the legislative body, may compel obedience by proceedings for contempt as in the case of disobedience of a subpoena issued from the District Court. The member of the Police or Fire Department, the accused, shall have the right to have subpoenaed, in his or her behalf, any witness he or she may desire, upon furnishing their names to the Clerk of said body. The action and decision of said body on said charges shall be reduced to writing and shall be entered in a book to be kept for that purpose by the Clerk of said legislative body, and the written charges filed in this matter shall be preserved and securely attached to the book containing the legislative body's decisions.
(B) In cases where the Mayor or Chief has probable cause to believe that a member of the Police or Fire Department has been guilty of any conduct justifying removal or punishment, he or she may suspend said member from duty, or from both pay and duty, pending said trial, and said member shall not be placed on duty or allowed pay thereafter until the charges are heard by the legislative body. The said body shall fix punishment against a member of the Police or Fire Department found guilty of any charge under KRS 95.761 to 95.785, by reprimand or suspension for any length of time in their judgment, not to exceed six months or by reducing the grade, if the accused be chief or other officer, or by combining any two or more of said punishments, or by removal or dismissal from the service of any member of the Police or Fire Department. No member of the Police or Fire Department except as provided in KRS 95.761 to 95.785 shall be reprimanded, removed, suspended, or dismissed from the Department until written charges have been made, or preferred against him or her, and a trial held as herein provided.
(Ord. O-8-2005, passed 5-2-05)
Statutory reference:
For similar state law, see KRS 95.765