90.190 Dismissals and demotions. - Kentucky Statutes

Download pdf

Loading PDF...

90.190 Dismissals and demotions. (1) Any suspension in excess of ten (10) days, dismissal or demotions of employees in positions subject to the provisions of KRS 90.110 to 90.230 may be made only by
the appointing authority upon the filing of written statements of the reasons of such
suspension in excess of ten (10) days, or dismissals or demotions with the board,
provided that copies of all such statements shall be furnished to the employees so
suspended, dismissed, or demoted, on or before the effective date of such
suspension, dismissal, or demotion, provided further that employees holding
probationary appointments may be dismissed without the appointing authority being
required to furnish either the board or the suspended, or dismissed, or demoted
employee with a written statement of the reasons for such suspension, dismissal, or
demotion. Any employee who has been suspended in excess of ten (10) days,
dismissed, or demoted holding a regular appointment, shall be entitled, upon written
demand, to a public hearing by the board, at which time he shall have the right to
introduce evidence in his own behalf, and to be represented by counsel. (2) The board shall investigate and determine the justification for all suspensions in excess of ten (10) days, or dismissals, or demotions, reported, or complained of,
according to the provisions of this section. The board shall keep an accurate record
of its proceedings under this section, including evidence presented at any public
hearing. The board's order and findings shall be final subject to the right of appeal
as set out in subsections (3) and (4) of this section. Enforcement of the suspension,
dismissal or demotion shall not be suspended pending any proceeding or appeal
provided in this section. Copies of the order and findings of the board shall be
immediately delivered to the mayor, appointing authority, and to the suspended,
dismissed, or demoted employee. (3) Within thirty (30) days after the order of the board has been entered under subsection (2) of this section, any employee, who has been aggrieved by the order of
the board, or the mayor or the appointing authority may appeal to the Circuit Court
in the county in which the city is located in the following manner:
(a) Upon request in writing by the person making the appeal, and the payment of costs therefor, the secretary of the board shall provide a certified copy of the
record and the findings of that body to the appellant. The appeal shall be
prosecuted by filing a complaint in Circuit Court and shall otherwise be in
accordance with the Rules of Civil Procedure. Upon the record being filed by
the appellant, the case shall be docketed in the Circuit Court and tried de
novo. (b) If the secretary fails to provide a certified copy of the record to the appellant within thirty (30) days after the request is made, then the aggrieved person
may file an affidavit in that court setting out as fully as possible the charges,
together with a copy of the board's findings and a statement that demand for
the transcript had been made of the secretary more than thirty (30) days prior
to the filing of the affidavit. Upon filing of this affidavit in the Circuit Court,
the case shall be docketed in that court and the court may compel the filing of
the transcript by the secretary by entering proper mandatory order, and upon failure of the secretary to do so, he shall be liable to fine and imprisonment for
contempt. Such appeal shall have precedence over other business and be
determined speedily. (4) An appeal will lie from the judgment of the Circuit Court to the Court of Appeals as in other cases, in any controversy arising under this section. (5) Nothing in KRS 90.110 to 90.230 shall permit the suspension, dismissal, or demotion of any employee subject to the provisions of KRS 90.110 to 90.230 on
account of religious faith, race, color, creed, or political affiliation. Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 280, sec. 2, effective July 13, 1984. -- Amended 1972 Ky. Acts ch. 74, sec. 1. -- Created 1942 Ky. Acts ch. 16, sec. 7.