(A) No employee or volunteer firefighter who:
(1) Resigned or retired from employment or volunteer status from this or any other city (a) with disciplinary charges pending or threatened, (b) with disciplinary charges filed with the City Clerk or other appropriate authority and not dismissed or adjudicated by competent authority, or (c) in lieu of discipline being imposed; or
(2) Resigned or retired with one or more disciplinary suspensions of greater than two days imposed upon the employee; or
(3) Was dismissed from employment or from the volunteer fire department for cause;
shall be eligible for reappointment or appointment, to any position of employment, full-time or part-time, with the city, without at least ten years having passed since the later of the date of dismissal, resignation, or retirement, as well as at least 30 days advance notice of such appointment to the City Council prior to such appointment, and full disclosure of the particular employee's full employment file, including disciplinary actions, to the City Council in executive session.
(B) (1) Disciplinary charges are PENDING
or
THREATENED
within the meaning of this section, if any of the following occur:
(a) A police officer is asked to provide a written statement of an incident under KRS 15.520, and the matter is not fully adjudicated;
(b) An employee is interviewed or asked to provide a statement by a competent authority or law enforcement officer concerning an incident that may lead to charges, and no determination has been made not to pursue further action; or
(c) Charges are filed or a complaint is lodged by any person, and without such charges having been adjudicated by a competent authority.
(2) For purposes of this section, any employee may inquire, at or immediately prior to the time of resignation or retirement, whether disciplinary charges are pending or threatened.
(C) No suspension without pay, filed, threatened or pending disciplinary charge, or dismissal for cause shall be removed from any employee file until at least ten years have passed since the action, and then only in accordance with Kentucky records retention and other law. The City Clerk shall compile and maintain a list of ineligible persons during the period of such ineligibility.
(Ord. 2013-11, passed 6-10-13)