67A.290 Appeal to Circuit Court and Court of Appeals.

347 words·~2 min read·/ky/chapter-67a/67a-290

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

(1)Any employee of the urban-county government found guilty by the civil service

commission of any charge as provided by KRS 67A.280 or any action upheld under

subsection

(7)of the said section, or any amendment thereto, may appeal to the

Circuit Court of the county in which the urban-county government is located within

thirty

(30)days after such action becomes final, but the enforcement of the

judgment of the civil service commission shall not be suspended pending appeal.

(2)Upon request in writing by the accused and the payment of costs therefor, the

secretary of the civil service commission shall file a certified copy of the charges

and the judgment of that body in the Circuit Court. Upon the transcript being filed

the case shall be docketed in the Circuit Court and tried de novo.

(3)If the secretary fails to certify the transcript to the Circuit Court within five

(5)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 made at the time of trial and

judgment, together with a statement that demand for the transcript had been made of

the secretary more than five

(5)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 so to do, 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, if the original punishment fixed by the civil service commission was

dismissal of the accused. An appeal will also lie from the judgment of a Circuit

Court in any controversy arising under this section or any other section of the

statutes relating to civil service for urban-county governments.