(A) (1) The Jefferson County Deputy Sheriff Merit Board (hereafter, Merit Board or Board) is hereby created which shall be charged with the duty of holding hearings, public and executive, in disciplinary matters concerning deputy sheriffs consistent with the duties and limitations set forth in this ordinance and KRS 70.260 to KRS 70.273. All non-probationary deputy sheriffs qualified to hold such position under state law and this ordinance shall be covered hereunder except that deputy sheriffs who serve in a policy-making or confidential position are excluded from coverage by the merit system.
(2) For purposes of this ordinance, the term
POLICY-MAKING OR CONFIDENTIAL POSITION shall be considered any deputy sheriff above the rank of captain. If a deputy sheriff who is covered by the merit system accepts an appointment in a policy-making or confidential position, such deputy sheriff shall be deemed to have received a leave of absence from the merit system during the incumbency of that position. Once such deputy sheriff ceases to serve in a policy-making or confidential position, he or she shall be restored to the same classification and rank in the merit system that he or she held prior to incumbency in the policy-making or confidential position. Any person appointed a deputy sheriff in a policy-making or confidential position who was not previously covered by the merit system shall not be deemed a part of the merit system and shall not be included in the merit system when such deputy ceases to serve in the policy-making or confidential position.
(B) The reasonable and necessary expenses of the Merit Board, including the funds necessary to retain an attorney to advise the Board on legal matters, shall be paid out of the fees and commissions collected by the Sheriff. If the fees and commissions are not sufficient to pay the expenses of the Board and the other expenses authorized by statute to be paid from these fees and commissions, the Sheriff may negotiate with the Metro Government to determine a method of paying all or part of the expenses of the Board.
(C) The Merit Board shall consist of five members, two members appointed by the Mayor with the approval of the Metro Council, two members appointed by the Jefferson County Sheriff, and one member elected by the deputy sheriffs of Jefferson County. Each Board appointee shall be at least 30 years of age and a resident of Jefferson County. No person shall serve on the Board who is a deputy sheriff or who holds any elected public office. No person shall be appointed to the Board who is a member of the immediate family of the Jefferson County Sheriff, which, for the purposes of this ordinance, means the Sheriff's father, mother, brother, sister, spouse, son, daughter, aunt, uncle, son-in-law, or daughter-in-law. The members of the Board shall not receive a salary but shall receive reimbursement for necessary expenses upon submission of proper receipts or documentation for all such expenses.
(D) All appointments shall be for two years, and any vacancies shall be filled in the same manner in which the departing Board member was appointed or elected.
(E) The Merit Board shall elect a chairperson from its membership and keep an accurate record of its proceedings.
(F) The Merit Board shall meet when a disciplinary matter concerning a deputy sheriff is brought to its attention or at other times at the discretion of the Board, upon notification of its members.
(G) Three members shall constitute a quorum in all matters which may come before the Merit Board.
(1994 Jeff. Code, § 36.35) (Jeff. Ord. 7-1995, adopted and effective 4-11-1995; Jeff. Am. Ord. 32-1996, adopted and effective 9-10-1996; Lou. Metro Am. Ord. No. 40-2003, approved 3-17-2003)