75.130 Discipline of members and employees. - Kentucky Statutes

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75.130 Discipline of members and employees. (1) Except as provided in subsection (5) of this section no member or employee of a fire protection district shall be reprimanded, dismissed, suspended, or reduced in
grade or pay for any reason except inefficiency, misconduct, insubordination, or
violation of law or of the rules adopted by the board of trustees of the fire protection
district, and only after charges are preferred and a hearing conducted as provided in
this section. (2) Any person may file charges against a member or employee of a fire protection district by filing them with the secretary of the board of trustees and by delivering or
mailing the charges to the principal fire house in the fire protection district. The
secretary shall immediately communicate the charges to the board of trustees by
mailing or delivering a copy of the charges to each member of the board of trustees
within seven (7) days of receipt of the charges at the principal fire house. The
chairman of the board of trustees shall, after conducting or having conducted any
inquiry or investigation which may be necessary, determine if probable cause
appears. The chairman shall prefer charges to the board of trustees against any
member or employee against whom probable cause exists, of conduct justifying the
dismissal or punishment of the member or employee. If probable cause does not
exist, the chairman shall dismiss the charges. All charges shall be written and shall
set out clearly the charges made. The person filing the charges may withdraw them
at any time prior to the conclusion of the hearing. The charges may then be
dismissed. (3) Charges preferred by the chairman of the board of trustees shall be heard by either the full board or a committee consisting of at least three (3) members of the board
of trustees appointed by the chairman. At the hearing all charges shall be considered
traversed and put in issue, and the trial shall be confined to matters related to the
issues presented. Within forty-five (45) days after the charges have been preferred
by the chairman to the board of trustees, that body, or a committee consisting of at
least three (3) members of the board of trustees appointed by the chairman, shall
proceed to hear the charges. At least ten (10)) days before the hearing the member
or employee accused shall be served personally or by registered mail with a copy of
the charges and a statement of the day, place, and hour at which the hearing of the
charges will begin. The person accused may, in writing, waive the service of
charges and demand trial within thirty (30) days after the charges are preferred to
the board of trustees. (4) The board of trustees of the fire protection district may summon and compel attendance of witnesses at hearings by subpoena issued by the secretary of that body
and served upon the witnesses by any officer authorized to serve court subpoenas. If
any witness fails to appear in response to a summons, or refuses to testify
concerning any matter on which he may lawfully be interrogated, any District
Judge, on application of the board of trustees, may compel obedience by
proceedings for contempt as in the case of disobedience of a subpoena issued from
the District Court. The member or employee accused may have subpoenaed any
witnesses he may desire, upon furnishing their names to the secretary of the board of trustees. The written records of the charges, the hearing, if held, and any other
actions or decisions of the board of trustees on the charges shall be kept as an open
public record and maintained as required by KRS Chapter 61. (5) When the board of trustees or the chief of the fire protection district has probable cause to believe a member or employee of a fire protection district has been guilty
of conduct justifying dismissal or punishment, the board or the chief may suspend
the member or employee from duty or from both pay and duty, pending trial, and
the member or employee shall not be placed on duty, or allowed pay, until the
charges are heard. If the member is suspended, there shall be no continuances
granted without the consent of the member or employee accused. If the member
suspended is a paid firefighter or an employee, the hearing on the charges shall be
conducted within fourteen (14) days after the charges have been preferred by the
chairman of the board of trustees. (6) The board of trustees of the fire protection district shall fix the punishment of a member or employee of a fire protection district found guilty, by a reprimand,
suspension for any length of time not to exceed six (6) months, by reducing the
grade if the accused is an officer, or by combining any two (2) or more of those
punishments, or by dismissal as a member or employee of the fire protection
district. Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 127, sec. 5, effective July 15, 1996. -- Created 1956 Ky. Acts ch. 207, sec. 4, effective February 28, 1956.