(a) The standards of professional conduct for police established by the general assembly of the commonwealth are adopted to deal fairly and set administrative due process rights for members of the police force and at the same time provide a means of redress by the citizens of the commonwealth for wrongs allegedly done to them by members of the police force. These standards are as follows:
(1) Any complaint taken from any individual alleging misconduct on the part of any member of the police force, as defined herein, shall be taken as follows:
(i) If the complaint alleges criminal activity on behalf of a member of the police force, the allegations may be investigated without a signed, sworn complaint of the individual;
(ii) If the complaint alleges abuse of official authority or a violation of rules and regulations of the department, an affidavit, signed and sworn to by the complainant, shall be obtained;
(iii) If a complaint is required to be obtained and the individual 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 against the member only if the department can independently substantiate the allegations absent the sworn statement of the complainant;
(iv) Nothing in this section shall preclude a department from investigating and charging a member both criminally and administratively.
(2) No threats, promises or coercions shall be used at any time against any member of the police force 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 a member's regular duties during such period shall not be deemed coercion. Prior to or within twenty-four (24) hours after suspending the member pending investigation or disposition of a complaint, the member shall be advised in writing of the reasons for the suspension.
(3) No member of the police force 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 member, in writing. The interrogation shall be conducted while the member is on duty. The member may be required to submit a written report of the alleged incident if the request is made by the department no later than the end of the subject member's next tour of duty after the tour of duty during which the department initially was made aware of the charges;
(4) If a member of the police force 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. Nothing in this section shall prevent the suspension with or without pay or reassignment of such member pending disposition of the charges.
(5) Any charge involving violation of any urban county government rule or regulation shall be made in writing with sufficient specificity so as to fully inform the member of the police force of the nature and circumstances of the alleged violation in order that he or she may be able to properly defend himself or herself. Said charge shall be served on the member in writing.
(6) When a member of the police force has been charged with a violation of divisional rules or regulations, no public statements shall be made concerning the alleged violation by any person or persons of the urban county government or the member so charged until final disposition of the charges.
(7) No member of the police force as a condition of continued employment by the urban county government shall be compelled to speak or testify or be questioned by any person or body of a nongovernmental nature.
(8) When a hearing is to be conducted by the council, the following administrative due process rights shall be recognized; and these shall be the minimum rights afforded any member of the police force charged:
(i) The accused shall have been given at least seventy-two (72) hours' notice of any hearing.
(ii) Copies of any sworn statements or affidavits to be considered by the hearing authority and any exculpatory statements or affidavits shall be furnished to the member of the police force no less than seventy-two (72) hours prior to the time of any hearing.
(iii) If the hearing is based upon a complaint of an individual, the individual shall be notified to appear at the time and place of the hearing by certified mail, return receipt requested.
(iv) If the return receipt as hereinabove referred to has been returned unsigned, or the individual does not appear, except where due to circumstances beyond his control he cannot appear, at the time and place of the hearing, any charge made by that individual shall not be considered by the council and shall be dismissed with prejudice.
(v) The accused shall have the right and opportunity to obtain and have counsel present, and to be represented by the counsel.
(vi) The council 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 member of the police force or the charging party. 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 council 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;
(vii) The accused member of the police force shall be allowed to have presented, witnesses and any documentary evidence the member wishes to provide to the council, and may cross-examine all witnesses called by the charging party;
(viii) Any member of the police force suspended with or without pay who is not given a hearing as provided by this section within sixty (60) days of any charge being filed, the charge then shall be dismissed with prejudice and not be considered by any hearing authority and the member shall be reinstated with full back pay and benefits; and
(ix) The failure to provide any of the rights or to follow the provisions of this section may be raised by the member with the council. The council 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 member has been materially prejudiced.
(b) Any member of the police force who shall be found guilty by the council of any charge may bring an action in the Fayette Circuit Court to contest the action of the council, and said action shall be tried as an original action by the court.
(c) The judgment of the Fayette Circuit Court shall be subject to appeal to the court of appeals. The procedure as to appeal to the court of appeals shall be the same as in any civil action. As the provisions of this section relate to a minimum system of professional conduct, nothing herein shall be construed as limiting or in any way affecting any rights previously afforded to members of the police force by statute, ordinance or working agreement.
(Ord. No. 135-82, § 1, 7-29-82; Ord. No. 163-86, § 1, 7-24-86; Ord. No. 248-91, §§ 1—4, 12-5-91; Ord. No. 117-94, § 1, 6-30-94)
State law references(s)—Manner of investigating and hearing complaints against police officers, KRS 15.520.