75.140 Appeals of disciplinary actions.

328 words·~1 min read·/ky/chapter-75/75-140

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

(1)Any member or employee of a fire protection district found guilty by the board of

trustees of the fire protection district of any charge, as provided by KRS 75.130,

may appeal to the Circuit Court of the county in which the fire protection district is

located, but the enforcement of the judgment of the fire protection district shall not

be suspended pending appeal. The notice of the appeal shall be filed not later than

thirty

(30)days after the date the board of trustees of the fire protection district

makes its determination on the charge.

(2)Upon request of the accused, the secretary of the board of trustees of the fire

protection district shall file a certified copy of the charges and the judgment of the

board of trustees in the Circuit Court. Upon the transcript being filed, the case shall

be docketed in the Circuit Court and tried as an original action.

(3)If the secretary of the board of trustees fails to certify the transcript to the Circuit

Court within thirty

(30)days after the request is made, the party aggrieved may file

an affidavit in the Circuit Court setting out as fully as possible the charges made,

the time of the hearing, and the judgment of the board of trustees of the fire

protection district, together with a statement that demand for transcript was made

upon the secretary of the board of trustees more than thirty

(30)days before the

filing of the affidavit. Upon the filing of the affidavit in the Circuit Court, the case

shall be docketed and the Circuit Court may compel the filing of the transcript by

the secretary of the board of trustees by entering the proper mandatory order, and by

fine and imprisonment for contempt. The 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.