(a) Any member of the division of fire and emergency services or division of police found guilty by the council of any charge, as provided by section 23-44, may appeal to the Circuit Court of Fayette County; but the enforcement of the judgment of the council shall not be suspended pending appeal.
(b) Upon request of the accused, the clerk of the council shall file a certified copy of the charges and the judgment of that body in the circuit court. Upon the transcript being filed, the case shall be docketed in the circuit court and tried as an original action.
(c) If the clerk fails to certify the transcript to the circuit court within five (5) days after the request is made, the party aggrieved may file an affidavit in the circuit court setting out as fully as possible the charges made, the time of the hearing, and the judgement of the council, together with a statement that demand for transcript was made upon the clerk more than five (5) days before the filing of the affidavit. Upon the filing of the affidavit in the circuit court, the case shall be docketed and the circuit court may compel the filing of the transcript by the clerk by entering the proper mandatory order, and by fine and imprisonment for contempt. The appeal shall have precedence over other business and be determined speedily.
(d) An appeal will lie from the judgment of the circuit court to the court of appeals as in other cases.
(Ord. No. 135-82, § 1, 7-29-82; Ord. No. 155-87, § 1, 7-9-87)
State law references(s)—Appeals to circuit court and court of appeals, KRS 95.460.