67C.321 Actions taken by chief against officers -- Written statement -- Pre-

266 words·~1 min read·/ky/67c-321

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disciplinary hearing -- Citizen charges of misconduct.

(1)Subject to the provisions of this chapter, any officer may be removed, suspended

for a period not to exceed thirty

(30)days, laid-off, or reduced in grade by the chief.

Before the discipline may be issued, the chief shall:

(a)Furnish the officer with a written statement describing the charges being made

against the officer, the evidence upon which the charges are based, and the

discipline the chief intends to issue; and

(b)Provide the officer the opportunity for a pre-disciplinary hearing, presided

over by the chief or the chief's designee, in which the officer may present

evidence and call and cross-examine witnesses in the officer's defense.

(2)After any pre-disciplinary hearing conducted under subsection (1)(b) of this section,

the chief or the chief's designee shall issue a written opinion setting forth the final

discipline issued against the officer. The officer may appeal the discipline issued

under this section to the board within ten

(10)days of the issuance of the written

opinion.

(3)If the officer elects not to proceed with a pre-disciplinary hearing under subsection

(1)(b) of this section, the discipline stated in the written statement required by

subsection (1)(a) of this section shall become final ten

(10)days after that statement

is furnished to the officer.

(4)After any citizen makes a written, sworn complaint of misconduct concerning the

actions of any police officer, if the chief of police determines not to file charges

against the officer based on that complaint, the citizen may appeal the

determination of the chief of police to the board.