70.273 Disciplinary and removal procedures by board -- Hearing -- Appeals. - Kentucky Statutes

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70.273 Disciplinary and removal procedures by board -- Hearing -- Appeals. (1) The board may remove, suspend, lay off or discipline any deputy sheriff covered by the provisions of KRS 70.260 to 70.273 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 accused shall
have the right to be present, represented by counsel, and confronted by all of the
witnesses preferring charges against him. (2) Procedural due process shall be afforded to all deputy sheriffs by the board. The board shall notify the deputy promptly and in writing of any charges brought against
him by the board or by a citizen. The board shall have the power to issue subpoenas
and to 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 sixty (60) days of any charge being preferred shall be
reinstated in full. (3) After a full public hearing by the board, the board shall retire into executive session to discuss the evidence introduced at the hearing and to make its determination and
conclusion. The 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. (4) When an appointment is revoked during the probationary period described in KRS 70.267(5), the action of the sheriff shall be final. In all other disciplinary matters,
the action of the sheriff or the board shall be final, except that any aggrieved person
may, within thirty (30) days after the decision is rendered, appeal to the Circuit
Court of the county in which the board meets. The 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. (5) The provisions of KRS 70.260 to 70.273 shall not apply to any nonsworn employee appointed by the sheriff pursuant to KRS 70.030, to any special deputy appointed by
the sheriff pursuant to KRS 70.045, or to a deputy in a policy-making or
confidential position excluded from coverage by the ordinance creating the deputy
sheriff merit board. Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 104, sec. 5, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 438, sec. 5, effective July 14, 1992.