70.260 Option for county to create deputy sheriff merit board -- Expenses -- Membership -- Meetings -- Exclusion of certain deputy sheriffs who serve in policy-making positions. - Kentucky Statutes

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70.260 Option for county to create deputy sheriff merit board -- Expenses -- Membership -- Meetings -- Exclusion of certain deputy sheriffs who serve in
policy-making positions. (1) The primary legislative body of each county may enact an ordinance creating a deputy sheriff merit board, which shall be charged with the duty of holding
hearings, public and executive, in disciplinary matters concerning deputy sheriffs.
For the purpose of KRS 70.260 to 70.273, the primary legislative body of each
county that does not have an urban-county, consolidated local government, or
charter county government shall be the fiscal court. (2) The reasonable and necessary expenses of the 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 primary legislative body to determine a method of paying all or part of the
expenses of the board. (3) The board shall consist of five (5) members, two (2) members appointed by the county judge/executive or the chief executive officer of an urban-county
government or the chief executive officer of a consolidated local government
pursuant to the provisions of KRS 67C.139 with approval by the primary legislative
body, two (2) members appointed by the county sheriff, and one (1) member elected
by the deputy sheriffs of the county. Each board appointee shall be at least thirty
(30) years of age and a resident of the 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 sheriff of
the county served by the board. The members of the board shall not receive a salary
but shall receive reimbursement for necessary expenses. (4) All appointments shall be for two (2) years, and any vacancies shall be filled by the sheriff or county judge/executive, or the chief executive officer of an urban-county
government or consolidated local government responsible for the appointment of
the departing board member. (5) The board shall elect a chairman from its membership and keep an accurate record of its proceedings. (6) The 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. (7) Three (3) members shall constitute a quorum in all matters which may come before the board. (8) For the purpose of this section, "member of the immediate family" means a person's father, mother, brother, sister, spouse, son, daughter, aunt, uncle, son-in-law, or
daughter-in-law. (9) An ordinance, adopted under subsection (1) of this section by a county or consolidated local government, may exclude deputy sheriffs who serve in policy- making or confidential positions from coverage by the merit system. If the
ordinance makes this exclusion, a deputy sheriff who is covered by the merit system
and who accepts an appointment in a policy-making or confidential position shall be
deemed to have received a leave of absence from the merit system during the
incumbency of that position. If he ceases to serve in a policy-making or confidential
position but continues to serve as a deputy, he shall be restored to coverage at the
same classification and rank that he held prior to his policy-making position under
the merit system. A deputy who is not covered by the merit system at the time he is
appointed to a policy-making or confidential position shall be deemed not to be part
of the merit system and shall not be included in the merit system when he ceases to
serve in that position. Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 68, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 334, sec. 1, effective July 14, 2000. -- Amended 1996 Ky. Acts
ch. 104, sec. 2, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 438, sec. 1,
effective July 14, 1992.