KRS 15.391: Revocation of peace officer certification -- Appeal -- Hearing -- Mandatory

reporting -- Subpoenas -- Administrative regulations.

(1) As used in this section:

(a) "Agency" means any law enforcement agency, or other unit of government

listed in KRS 15.380, that employs a certified peace officer;

(b) "Final order" has the same meaning as in KRS 13B.010 and shall be specific

to whether the Kentucky Law Enforcement Council has met the requirements

under this section to revoke an individual's peace officer certification;

(c) "General employment policy" means a rule, regulation, policy, or procedure

commonly applicable to the general workforce or civilian employees that is

not unique to law enforcement activities or the exercise of peace officer

authority, regardless of whether the rule, regulation, policy, or procedure

exists or appears in a manual or handbook that is solely applicable to a law

enforcement department or agency within the unit of government employing

the officer;

(d) "Investigating agency" means an agency that investigates the use of force, a

criminal act, or an administrative violation by peace officers, including but

not limited to the employing agency;

(e) "Professional malfeasance" means engaging in an act in one's professional

capacity as a peace officer that violates a federal, state, or local law or

regulation, or any act that involves the following:

1. The unjustified use of excessive or deadly force, as determined by an

investigating agency;

2. Any intentional action by a peace officer that interferes with or alters the

fair administration of justice, including but not limited to tampering with

evidence, giving of false testimony, or the intentional disclosure of

confidential information in a manner that compromises the integrity of

an official investigation; or

3. Engaging in a sexual relationship with an individual the peace officer

knows or should have known is a victim, witness, defendant, or

informant in an ongoing criminal investigation in which the peace

officer is directly involved;

(f) "Professional nonfeasance" means a failure to perform one's professional duty

as a peace officer through omission or inaction that violates a federal, state, or

local law or regulation, or any failure to act that involves the following:

1. The failure to intervene when it is sa fe and practical to do so in any

circumstance where it is clear and apparent to the peace officer that

another peace officer is engaging in the use of unlawful and unjustified

excessive or deadly force; or

2. The intentional failure to disclose exculpatory or impeachment evidence

that the peace officer knew or should have known to be materially

favorable to an accused for the purpose of altering the fair

administration of justice; and

(g) "Regulation" means:

1. A federal or state administrative regulation a dopted by a federal or state

executive branch; and

2. A local rule, regulation, policy, or procedure adopted by ordinance,

order, or resolution, or other official action by an agency. However,

"regulation" does not mean a general employment policy.

(2) (a) The certification of a peace officer shall be deemed automatically revoked by

the council by operation of the law for one (1) or more of the following:

1. Certification that was the result of an administrative error;

2. Plea of guilty to, conviction of, or entering of an Alford plea to:

a. Any state or federal felony;

b. A misdemeanor under KRS 510.120, 510.130, or 510.140; a

second or subsequent offense under KRS 510.148; or a criminal

attempt, conspiracy, facilitation, or solicitation to commit any

degree of rape, sodomy, sexual abuse, or sexual misconduct;

c. Any criminal offense committed in another state that would

constitute a felony if committed in this state; or

d. Any criminal offense committed in another state that would, if

committed in this stat e, constitute a misdemeanor under KRS

510.120, 510.130, or 510.140; a second or subsequent offense

under KRS 510.148; or a criminal attempt, conspiracy, facilitation,

or solicitation to commit any degree of rape, sodomy, sexual

abuse, or sexual misconduct;

3. Prohibition by federal or state law from possessing a firearm;

4. Receipt of a dishonorable discharge or bad conduct discharge from any

branch of the Armed Forces of the United States; or

5. Willful falsification of information to obtain or maintain certification.

(b) 1. A peace officer whose certification is revoked pursuant to paragraph (a)

of this subsection may file an appeal at any time with the council. If an

appeal is filed, the council shall conduct an administrative hearing

pursuant to KRS Chapter 13B to consider the reinstatement of the peace

officer's certification if the revocation was made in error or the condition

requiring revocation was removed or remedied.

2. The council may impose any reasonable condition upon the

reinstatement of the c ertification it may deem warranted under the facts

of the appeal.

3. Notwithstanding any other provision of law, the council may subpoena

or request a court to subpoena records that are necessary to provide

evidence that will permit the council to evaluate the conditions of

separation. Any confidential, active investigation, or medical

information received by the council under this subparagraph shall retain

its confidential character.

4. The reversal or any other type of invalidation of a conviction by an

appellate court shall constitute the removal or remedy of a condition

requiring revocation. However, an expungement of an offense shall not

be considered a removal or remedy that constitutes grounds for the

reinstatement of the peace officer's certification under this paragraph.

5. A final order issued by the council denying reinstatement of certification

may be appealed pursuant to the provisions of KRS 13B.140.

(3) (a) The certification of a peace officer may be revoked by the council for one (1)

or more of the following:

1. Termination of the peace officer for failure to meet or maintain training

requirements, unless the certification is in inactive status. As used in this

subparagraph, "inactive status" has the same meaning as in KRS 15.386;

2. Termination of the peace officer for professional malfeasance or

professional nonfeasance by his or her agency;

3. Termination of the peace officer following the plea of guilty to,

conviction of, or entering of an Alford plea to any misdemeanor offense,

in this state or out of it, that involves:

a. Dishonesty;

b. Fraud;

c. Deceit;

d. Misrepresentation;

e. Physical violence;

f. Sexual abuse; or

g. Crimes against a minor or a family or household member;

4. Receipt of general discharge under other than honorable conditions from

any branch of the Armed Forces of the United States that results in the

termination of the peace officer from his or her agency; or

5. Resignation or retirement of the peace officer while he or she is under

criminal investigation or admi nistrative investigation for professional

malfeasance or professional nonfeasance that, in the judgment of the

agency that employed the peace officer, would have likely resulted in

the termination of that peace officer had the facts leading to the

investigation been substantiated prior to his or her resignation or

retirement.

(b) The council shall review reports of events described in paragraph (a) of this

subsection to determine whether the event warrants the initiation of

proceedings by the council to rev oke a peace officer's certification. If the

council determines to initiate proceedings to revoke a peace officer's

certification under this subsection, the administrative hearing shall be

conducted pursuant to KRS Chapter 13B. A final order by the council

revoking certification may be appealed pursuant to the provisions of KRS

13B.140.

(c) Notwithstanding any other provision of law, the council may subpoena or

request a court to subpoena records that are necessary to provide evidence that

will permit the co uncil to evaluate the conditions of separation. Any

confidential, active investigation, or medical information received by the

council under this paragraph shall retain its confidential character.

(4) (a) An agency:

1. That has knowledge of a peace officer in its employment who meets any

of the revocation conditions outlined in subsection (2) of this section

shall report that condition to the council within fifteen (15) days of

gaining knowledge;

2. That terminated a peace officer for any of the revocation conditions

outlined in subsection (3)(a)1., 2., 3., or 4. of this section shall report

that condition to the council within fifteen (15) days of the termination;

and

3. That would have likely terminated a peace officer for the revocation

condition outlined in subsection (3)(a)5. of this section shall report that

condition to the council within fifteen (15) days of the peace officer's

resignation or retirement. If an agency reports pursuant to this

subparagraph, the agency shall notify the peace officer that a report has

been made.

(b) If an agency fails to make a report required by this subsection, the council

may suspend the agency from participation in the Kentucky Law Enforcement

Foundation Program fund. However, the time that an agency may be

suspended by the council under this paragraph shall not exceed five (5) years.

(5) The council may promulgate administrative regulations in accordance with KRS

Chapter 13A to implement this section.