67C.326 Review of citizen complaints against police officers.
1,856 words·~8 min read·
/ky/chapter-67c/67c-326A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)As used in this section:
(a)"Citizen" means any individual who is not:
1. A member or supervisor within the law enforcement agency that
employs an officer; or
2. An elected or appointed official within the unit of government under
which the law enforcement agency that employs the officer is organized;
(b)"Complaint" means any statement by a citizen, whether written or verbal, that
alleges any type of misconduct by an officer, including any statement that is
submitted or received anonymously;
(c)"Disciplinary action" means termination, demotion, a decrease in pay or
grade, suspension without pay, or a written reprimand;
(d)"Interrogation" means a formal investigative interview and does not mean
conversations or meetings of supervisory personnel and subordinate officers
that are not intended to result in disciplinary action, such as conversations or
meetings held for the purpose of providing corrective instruction, counseling,
or coaching; and
(e)"Misconduct" means any act or omission by that officer that violates criminal
law or the rules and administrative regulations of the department or
consolidated local government.
(2)In order to establish a minimum system of professional conduct for the police
officers of consolidated local governments of this Commonwealth, the following
standards are stated as the intention of the General Assembly to deal fairly and
establish administrative due process rights for police officers of the consolidated
local government and, at the same time, provide a means for redress by the citizens
of the Commonwealth for wrongs allegedly done to them by police officers covered
by this section.
(3)Any complaint taken from a citizen alleging misconduct on the part of any police
officer, as defined herein, shall be taken as follows:
(a)If the complaint alleges criminal activity by a police officer, the allegations
may be investigated without a signed, sworn complaint of the citizen;
(b)If the complaint alleges any other type of misconduct, an affidavit, signed and
sworn to by the citizen, shall be obtained, except as provided by paragraph
of this subsection; or
(c)If a complaint is required to be obtained and the citizen, upon request, refuses
to make allegations under oath in the form of an affidavit, signed and sworn
to, the department may investigate the allegations, but shall bring charges
under subsection
(6)of this section against the police officer only if the
department can independently substantiate the allegations absent the sworn
statement of the citizen.
(a)When an officer is accused of misconduct by any individual within the
department employing the police officer, including supervisors and elected or
appointed officials of the police officer's department, or by a citizen
complaint, the department shall conduct any investigation subject to the
provisions of subsection
(5)of this section, formally charge the police officer
in accordance with subsection
(6)of this section, and conduct a hearing in
accordance with subsection
(7)of this section before any disciplinary action is
taken against the police officer.
(b)The provisions of this subsection shall not prevent the department from
suspending the police officer, with or without pay, during an investigation and
pending the final disposition of any formal charges, except that a police
officer suspended without pay shall be entitled to full back pay and benefits
for the regular hours the officer would have worked if no formal charges were
brought or the board finds the officer not guilty of the charges.
(a)Any complaint filed by a citizen under subsection
(3)of this section or any
allegation of misconduct under subsection
(4)of this section shall be
investigated by the department or another designated law enforcement agency
if the department determines that an investigation of the complaint or the
alleged misconduct is warranted.
(b)No threats, promises, or coercions shall be used at any time against any police
officer while he or she is a suspect in a criminal or departmental matter.
Suspension from duty with or without pay, or reassignment to other than an
officer's regular duties during the period, shall not be deemed coercion. Prior
to or within twenty-four
(24)hours after suspending the officer pending
investigation or disposition of a complaint, the officer shall be advised in
writing of the reasons for the suspension.
(c)No police officer shall be subjected to interrogation in a departmental matter
involving alleged misconduct on his or her part, until forty-eight
(48)hours
have expired from the time the request for interrogation is made to the
accused officer, in writing. The interrogation shall be conducted while the
officer is on duty. The notice of interrogation shall include a statement of any
reason for the interrogation and served on the officer by certified mail, return
receipt requested, or by personal delivery.
(d)If requested by the department no later than the end of the subject officer's
next tour of duty after the tour of duty during which the department initially
was made aware of the allegations of misconduct, the officer shall submit a
written report of the alleged incident.
(e)If a police officer is under arrest, or likely to be arrested, or a suspect in any
criminal investigation, he or she shall be afforded the same constitutional due
process rights that are accorded to any civilian, including but not limited to
the right to remain silent and the right to counsel, and shall be notified of
those rights before any questioning commences.
(a)If it is determined through investigation or other means that the facts alleged
in a citizen complaint or other allegation of misconduct warrant disciplining
the officer, the department shall provide the officer the written statement
required in KRS 67C.321(1)(a), which shall include sufficient specificity so as
to fully inform the police officer of the nature and circumstances of the
alleged violation in order that he or she may be able to properly defend
himself or herself.
(b)The written statement shall be signed by the chief, set out the disciplinary
action intended by the chief, and be served on the police officer in writing by
certified mail, return receipt requested, or by personal delivery.
(c)When a police officer has been charged with misconduct, no public statements
shall be made concerning the alleged violation by any person or persons of the
consolidated local government or the police officer so charged, until final
disposition of the charges.
(d)No police officer as a condition of continued employment by the consolidated
local government shall be compelled to speak or testify or be questioned by
any person or body of a nongovernmental nature.
(7)Subject to KRS 67C.321 and 67C.325, a hearing shall be conducted by the board to
determine whether the discipline issued by the chief is supported by a
preponderance of the evidence and whether the disciplinary action recommended by
the chief is justified. In conducting a hearing, the following administrative due
process rights shall be recognized and these shall be the minimum rights afforded
any police officer charged, except as otherwise agreed to in writing by the officer
and the employing agency:
(a)The accused police officer shall have been given at least twelve
(12)days'
written notice of any hearing. The notice shall be served on the officer by
certified mail, return receipt requested, or by personal delivery;
(b)Copies of any sworn statements or affidavits to be considered by the board
and any exculpatory statements or affidavits shall be furnished to the police
officer no less than twelve
(12)days prior to the time of any hearing;
(c)At any hearing based upon the sworn complaint of a citizen, the citizen shall
be notified to appear at the time and place of the hearing by certified mail,
return receipt requested, or by personal delivery;
(d)If the return receipt has been returned unsigned, or the citizen does not appear,
except where due to circumstances beyond his or her control he or she cannot
appear at the time and place of the hearing, any charge resulting from a
complaint made by that citizen shall not be considered by the hearing
authority and shall be dismissed with prejudice;
(e)The accused police officer shall have the right and opportunity to obtain and
have counsel present, and to be represented by the counsel;
(f)The board shall subpoena and require the attendance of witnesses and the
production by them of books, papers, records, and other documentary
evidence at the request of the accused police officer or the chief. If any person
fails or refuses to appear under the subpoena, or to testify, or to attend, or
produce the books, papers, records, or other documentary evidence lawfully
required, the board may report to the Circuit Court or any judge thereof the
failure or refusal, and apply for a rule. The Circuit Court, or any judge thereof,
may on the application compel obedience by proceedings for contempt as in
the case of disobedience of the requirements of a subpoena issued from the
court;
(g)The accused police officer shall be allowed to present witnesses and any
documentary or other relevant evidence the police officer wishes to provide to
the board, and may cross-examine all witnesses called by the charging party;
(h)For any police officer suspended with or without pay who is not given a
hearing as provided by this section within sixty
(60)days his or her appeal of
the final opinion by the chief or the chief's designee, the discipline and
charges issued by the chief shall be dismissed with prejudice, shall not be
considered by the board, and the officer shall be reinstated with full back pay
and benefits;
(i)Any police officer who has been suspended without pay who is found not
guilty of the charges by the board shall be reinstated with the full back pay
and benefits for the regular hours he or she would have worked;
(j)The failure to provide any of the rights or to follow the provisions of this
section may be raised by the officer with the hearing authority. The hearing
authority shall not exclude proffered evidence based on failure to follow the
requirements of this section but shall consider whether, because of the failure,
the proffered evidence lacks weight or credibility and whether the officer has
been materially prejudiced; and
(k)To the extent the provisions of KRS 61.805 to 61.850 are applicable, the
board may conduct the hearing required by this subsection in a closed session
unless the police officer requests of the board, in writing at least three
(3)days
prior to the hearing, that the hearing be open to the public.
(8)As the provisions of this section relate to a minimum system of professional
conduct, nothing in this section shall be interpreted or construed to:
(a)Limit or in any way affect any rights previously afforded to a police officer of
the consolidated local government by statute, collective bargaining or working
agreement, or legally adopted ordinance;
(b)Preclude a consolidated local government from investigating and charging a
police officer both criminally and administratively; or
(c)Prevent the suspension, with or without pay or reassignment, of a police
officer during an investigation and pending the final disposition of charges.