(A) The Merit Board may remove, suspend, lay off or discipline any deputy sheriff covered by the provisions of this subchapter on written charges of misconduct preferred on its own initiative or the initiative of any citizen, but only after reasonable notice to the accused and after a complete public hearing at which the deputy sheriff accused shall have the right to be present, represented by counsel, and confronted by all of the witnesses preferring charges against him or her.
(B) Procedural due process shall be afforded to all deputy sheriffs by the Merit Board. The Merit Board shall notify the deputy promptly and in writing of any charges brought against him or her by the Board or by a citizen. The Merit Board shall have the power to issue subpoenas and compel the attendance of witnesses, and shall conduct the hearing, as far as possible, within the Kentucky Rules of Civil Procedure. Any deputy who is not given a hearing within 60 days of any charge being preferred shall be reinstated in full.
(C) After a full public hearing by the Merit Board, the Board shall retire into executive session to discuss the evidence introduced at the hearing and to make its determination and conclusion. The Merit Board in executive session shall not receive any further evidence or communication from any source, except for legal advice from the Board's counsel, prior to reaching its determination and conclusion.
(D) When an appointment is revoked during the probationary period described in § 36.39(E), the action of the Sheriff shall be final. In all other disciplinary matters, the action of the Sheriff or the Merit Board shall be final, except that any aggrieved person may, within 30 days after the decision of the Board is rendered, appeal to the Jefferson County Circuit Court. The Merit Board shall be named as respondent, and the county attorney shall represent the Board before the court. The appeal taken to the Circuit Court shall be a review of record by the court.
(E) The provisions of this subchapter shall not apply to any non-sworn employee appointed by the Sheriff pursuant to KRS 70.030 or to any special deputy appointment by the Sheriff pursuant to KRS 70.045, or to a deputy in a policy making or confidential position excluded from coverage by this subchapter.
(1994 Jeff. Code, § 36.39) (Jeff. Ord. 7-1995, adopted and effective 4-11-1995; Lou. Metro Am. Ord. No. 164-2007, approved 8-27-2007)