(a) Except as provided in subsection (e) of this section, no member of the division of fire and emergency services or division of police shall be reprimanded, dismissed, suspended or reduced in grade or pay for any reason except inefficiency, misconduct, insubordination or violation of law or of the rules adopted by the council, and only after charges are preferred and a hearing conducted as provided in this section.
(b) Any person may prefer charges against a member of the division of fire and emergency services or division of police by filing them with the clerk of the council, who shall immediately communicate the same to the council. The mayor shall, whenever probable cause appears, prefer charges against any member whom he believes guilty of conduct justifying his dismissal or punishment. The charges shall be written and shall set out clearly the charges made. The person preferring the charges may withdraw them at any time prior to the conclusion of the hearing. The charges may thereupon be dismissed.
(c) Upon the hearing, all charges shall be considered traversed and put in issue, and the trial shall be confined to matters related to the issues presented. Within three (3) days after the charges have been filed with the council, that body shall proceed to hear the charges. At least two (2) days before the hearing, the member accused shall be served with a copy of the charges and a statement of the day, place and hour at which the hearing of the charges will begin. The person accused may, in writing, waive the service of charges and demand trial within three (3) days after the charges are filed with the clerk.
(d) The council may summon and compel attendance of witnesses at hearings by subpoena issued by the clerk of that body and served upon the witnesses by any officer authorized to serve court subpoenas. If any witness fails to appear in response to a summons or refuses to testify concerning any matter on which he may lawfully be interrogated, any district court judge, on application of the council, may compel obedience by proceeding for contempt as in the case of disobedience of a subpoena issued from the district court. The member accused may have subpoenaed any witnesses he may desire, upon furnishing their names to the clerk. The action and decision of the body on the charges shall be reduced to writing and entered in a book kept for that purpose, and the written charges filed in the matter shall be attached to the book containing the decision.
(e) When the appointing authority or the chief of the division has probable cause to believe a member of the division of fire and emergency services or division of police has been guilty of conduct justifying dismissal or punishment, he or it may suspend the member from duty or from both pay and duty, pending trial, and the member shall not be placed on duty or allowed pay until the charges are heard. If the member is suspended, there shall be no continuances granted without the consent of the member accused.
(f) The council shall fix the punishment of a member of the division of fire and emergency services or division of police found guilty, by a reprimand, suspension for any length of time not to exceed six (6) months, by reducing the grade if the accused is an officer, or by combining any two (2) or more of those punishments, or by dismissal from the service.
(g) Notwithstanding any other provisions of this chapter, a member of the division of fire and emergency services or division of police, who has been accused of conduct warranting disciplinary action, may execute a written waiver of his rights under KRS 95.450 and KRS 95.460 and the applicable sections of the Code of Ordinances, including his right to have formal charges preferred, notice given, a hearing conducted on those charges, and an appeal to circuit and appellate courts in any case where such member wishes to voluntarily accept any proposed disciplinary action by the chief. The validity of any such waiver shall be conditioned upon its ratification by the urban county council. In any case where the recommendation of the chief is rejected by the council, the member shall be so notified, in which case he may withdraw his waiver and shall be entitled to all rights of law, and the waiver shall not be used against him or by him in any hearing in determination of his guilt or punishment.
(h) The director shall, by July 14, 1983, develop and implement a uniform disciplinary code for all members of the division of police and division of fire and emergency services, except probationary members, and shall administer and monitor the uniform disciplinary code. After implementation, changes to the uniform disciplinary code shall be approved by the urban county council intergovernmental committee.
(Ord. No. 135-82, § 1, 7-29-82; Ord. No. 121-83, § 2, 7-14-83; Ord. No. 155-87, § 1, 7-9-87)