95.766 Action in Circuit Court.

273 words·~1 min read·/ky/chapter-95/95-766

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 departments who shall be found guilty by the

legislative body of any charge as hereinbefore provided, may bring an action in the

Circuit Court of the county in which said city may be located to contest the action of

that body.

(2)Upon the request of the party accused, the clerk of said body shall file a certified

copy of the charges made and the judgment or the findings of the said body in the

Circuit Court; which transcript having been filed, the cause shall be docketed in the

Circuit Court and tried as an original action by the judge of said court. Should the

clerk of said body fail to certify and transmit the transcript aforesaid to the Circuit

Court within five

(5)days after the request is made for same, then the party

aggrieved may file an affidavit in the said Circuit Court, setting out as fully as

possible the charges made, the time of trial by said court and the judgment of said

body, together with the statements of the facts that the demand for transcript had

been made upon the clerk of said body more than five

(5)days before the filing of

said affidavit. Upon the filing of said affidavit in the Circuit Court, said cause shall

be docketed in said court and the Circuit Court is hereby authorized to compel the

filing of said transcript by said clerk by entering the proper mandatory orders, and

by fine and imprisonment, as in cases of contempt. Such action shall have

precedence over other business and be taken up and determined speedily.