95.460 Appeals to Circuit Court and Court of Appeals.

317 words·~1 min read·/ky/chapter-95/95-460

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

(1)Any member of the police or fire department found guilty by the legislative body of

any charge, as provided by KRS 95.450, may appeal to the Circuit Court of the

county in which the city or urban-county government is located, but the

enforcement of the judgment of the body shall not be suspended pending appeal.

The notice of the appeal shall be filed not later than thirty

(30)days after the date

the legislative body makes its determination on the charge.

(2)Upon request of the accused, the clerk of the legislative body 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. The Circuit

Court review of the case shall be based solely upon the administrative record

created before the legislative body and any new evidence offered by the member

regarding alleged arbitrariness on the part of the legislative body.

(3)If the clerk fails to certify the transcript to the Circuit Court within seven

(7)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 legislative body, together with a statement that demand for

transcript was made upon the clerk more than five

(5)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 clerk

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.