61.120 Salary -- Deduction from for failure to perform duty.

309 words·~1 min read·/ky/chapter-61/61-120

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If any officer paid in whole or in part out of the State Treasury or by any county

fails or neglects to perform his duties, without a good excuse set out in full by his

affidavit and certified by order of court to the Finance and Administration Cabinet

or other paying officer, there shall be thereafter deducted from his salary such an

amount as the total number of days during the year in which he failed or neglected

to discharge his duty bears to the whole number of days in the year for which he

received compensation. So much of the amount deducted as is necessary shall be

applied to the payment of the special officer who performs the duty of the officer so

failing.

(2)Before the court enters an order under KRS 61.130, the court or judge designated in

KRS 61.130 shall inform the officer accused of failure to perform or neglect of duty

of the accusations and shall conduct a hearing on the accusations. At the conclusion

of the hearing, the court or judge shall enter findings of facts and conclusions of law

and an appropriate order. Either party may appeal the order to the Court of Appeals

in accordance with the Rules of Civil Procedure, and such appeal shall be advanced

on the docket for immediate review. Provided, however, that the notice of appeal

and order appealed from shall be filed with the clerk of the Court of Appeals within

thirty

(30)days after the order appealed from was filed with the county clerk or

Circuit Court clerk.

(3)The court or judge designated in KRS 61.130 may appoint a hearing commissioner

to conduct the hearing authorized by subsection

(2)of this section. If a hearing

commissioner is appointed, the case shall proceed in accordance with the Rules of

Civil Procedure regarding hearing commissioners.