KRS 15.520: Complaints against police officers -- Manner of investigation and hearing --

Statutory provisions that do not apply.

(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 statements that are

submitted or received anonymously;

(c) "Disciplinary action" means termination, demotion, a decrease in pay or grade,

suspension without pay, and a written reprimand;

(d) "General employment policies" means the rules, regulations, policies, and

procedures commonly applicable to the general workforce or civilian

employees that are not unique to law enforcement activities or the exercise of

peace officer authority, regardless of whether those rules, regulations, policies,

and procedures exist or appear in a departmental manual or handbook that is

solely applicable to a law enforcement department or agency within the unit of

government employing the officer;

(e) "Interrogation" me ans 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 c orrective instruction counseling

or coaching;

(f) "Law enforcement procedures" means only those policies, rules, and customs

that:

1. Are specific to the conduct of officers in the exercise of law enforcement

powers and functions, including, without limita tion: use of force,

conduct in the course of pursuits, conduct during stops or detentions of

citizens, conduct in the course of interacting with, assisting, or

questioning of citizens, and investigative conduct;

2. Are carried out in the course of peace officer functions;

3. Are not general employment policies; and

4. May exist in either written form or in the form of unwritten standards,

practices, or protocols generally accepted and applied in the law

enforcement profession;

(g) "Misconduct" means any act or omission by an officer that violates criminal

law, law enforcement procedures, or the general employment policies of the

employing agency; and

(h) "Officer" means a person employed as a full -time peace officer by a unit of

government that receives funds under KRS 15.410 to 15.510, except a state

officer listed in KRS 15.420(2)(a)2.b. to f. and n., who has completed any

officially established initial probationary period of employment lasting no

longer than twelve (12) months not including, unless otherwise specified by

the employing agency, any time the officer was employed and completing the

basic training required by KRS 15.404.

(2) In order to establish a minimum system of professional conduct for officers of local

units of go vernment of this Commonwealth, the following standards are stated as

the intention of the General Assembly to deal fairly and establish administrative due

process rights in certain disciplinary matters concerning those officers of an

employing unit of gove rnment that participates in the Kentucky Law Enforcement

Foundation Program fund administered pursuant to KRS 15.430 and, at the same

time, to provide a means for redress by the citizens of the Commonwealth for

wrongs allegedly done to them by officers covered by this section.

(3) Any complaint taken from a citizen alleging misconduct on the part of any officer

shall be taken as follows:

(a) If the complaint alleges criminal activity by an officer, the allegations may be

investigated without a signed, sworn complaint of the citizen;

(b) If the complaint alleges any other type of violation not constituting criminal

activity, including violations of law enforcement procedures or the general

employment policies of the employing agency, an affidavit, signed and sworn

to by the citizen, shall be obtained, except as provided by paragraph (c) 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 a nd sworn

to, the employing agency may investigate the allegations, but shall bring

charges under subsection (6) of this section against the officer only if the

employing agency can independently substantiate the allegations absent the

sworn statement of the citizen.

(4) (a) When an officer is accused of an act or omission that would constitute a

violation of law enforcement procedures by any individual within the law

enforcement agency employing the officer, including supervisors and elected

or appointed officials of the officer's employing agency, the employing agency

shall conform the conduct of any investigation to the provisions of subsection

(5) of this section, shall formally charge the officer in accordance with

subsection (6) of this section, and sha ll conduct a hearing in accordance with

subsection (7) of this section before any disciplinary action shall be taken

against the officer.

(b) The provisions of this subsection shall not prevent the employing agency from

suspending the officer, with or with out pay, during an investigation and

pending the final disposition of any formal charges, except that an officer

suspended without pay shall be entitled to full back pay and benefits for the

regular hours he or she would have worked if no formal charges are brought or

the hearing authority finds the officer not guilty of the charges.

(c) An employing agency shall not be required to follow the provisions of this

section in addressing conduct by the officer that would constitute a violation

of the general employment policies of the employing agency.

(5) (a) Any complaint filed by a citizen under subsection (3) of this section or any

allegation of conduct that would constitute a violation of law enforcement

procedures under subsection (4) of this section shall be investigated by the

employing agency or another designated law enforcement agency in

accordance with the provisions of this subsection if the employing agency

determines that an investigation of the complaint or the alleged conduct is

warranted.

(b) No threats, promises, or coercions shall be used at any time against any officer

while he or she is a suspect in a criminal case or has been accused of a

violation of law enforcement procedures. Suspension from duty with or

without pay, or reassignment to oth er 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 r easons for the

suspension.

(c) Unless otherwise agreed to in writing by the officer, no police officer shall be

subjected to interrogation for alleged conduct that violates law enforcement

procedures, until forty-eight (48) hours have expired from the time the request

for interrogation is made to the accused officer, in writing. The notice of

interrogation shall include a statement regarding any reason for the

interrogation and shall be served on the officer by certified mail, return receipt

requested, or by personal delivery.

(d) The interrogation shall be conducted while the officer is on duty. The officer

may be required to submit a written report of the alleged incident if the

request is made by the employing agency no later than the end of the subject

officer's next tour of duty after the tour of duty during which the employing

agency initially was made aware of the complaint.

(e) If an officer is under arrest, or likely to be arrested, or a suspect in any

criminal investigation, he or she shall be affor ded 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.

(6) (a) If it is d etermined through investigation or other means that the facts alleged

in a citizen complaint or in an accusation of a violation of law enforcement

procedures warrant charging the officer, the charge shall be made in writing

with sufficient specificity so a s to fully inform the 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 charge shall be signed by a representative of the employing agency, shall

set out the disciplinary action recommended or imposed, and shall be served

on the officer in writing by certified mail, return receipt requested, or by

personal delivery.

(c) When an officer has been charged with a violation of law enforcement

procedures, no public s tatements shall be made concerning the alleged

violation by any person or persons of the employing agency or the officer so

charged, until final disposition of the charges.

(d) No officer as a condition of continued employment by the employing agency

shall be compelled to speak or testify or be questioned by any person or body

of a nongovernmental nature.

(7) Unless waived by the charged officer in writing, a hearing shall be conducted by the

officer's appointing authority to determine whether there is subs tantial evidence to

prove the charges and to determine what, if any, disciplinary action shall be taken if

substantial evidence does exist. In conducting a hearing, the following

administrative due process rights shall be recognized and these shall be the

minimum rights afforded any officer charged, except as otherwise agreed to in

writing by the officer and the employing agency:

(a) The accused officer shall be given at least twelve (12) days' written notice of

any hearing. The notice of hearing shall be s erved 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 hearing

authority and any exculpatory statements or affidavits shall be furnished to the

officer no less than twelve days (12) 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 individual does not

appear, except 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 officer shall have the right and opportunity to obtain and have

counsel present, and to be represented by counsel;

(f) The appointing authority, legislative body, or other body as designated by the

Kentucky Revised Statutes shall subpoena and require the attendance of

witnesses and the production by them of books, papers, records, and other

documentary evidence at the requ est of the accused officer or the charging

party. 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 appointing authority, legislative body, or other

body as designated by the Kentucky Revised Statutes 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 officer shall be allowed to present witnesses and any

documentary or other relevant evidence the officer wishes to provide to the

hearing authority, and may cross-examine all witnesses called by the charging

party;

(h) If any officer who has been suspended with or without pay is not given a

hearing as provided by this section within seventy-five (75) days of any charge

being f iled pursuant to this section, the charge shall be dismissed with

prejudice and shall not be considered by any hearing authority and the officer

shall be reinstated with full back pay and benefits;

(i) Any officer who has been suspended without pay who is found not guilty of

the charges by the hearing authority 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 we ight 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

hearing authority may conduct the hearing required by this subsection in a

closed session, unless the officer requests of the hearing authority in writing at

least three (3) days prior to the hearing that the hearing be open to the public.

(8) (a) Any officer who is found guilty by any hearing authority of any charge, may

bring an action in the Circuit Court in the county in which the employing

agency is located within thirty (30) days of the date written findings are issued

to appeal the action of the hearing authority. The appeal shall be initiated by

the filing of a complaint in the same manner as any civil action under the

Rules of Civil Procedure and shall include a copy of the hearing authority's

final order. The Circuit Court review of the case shall be based solely upon the

administrative record created before the hearing authority and any new

evidence offered by the officer regarding alleged arbitrariness on the part of

the hearing authority.

(b) The judgment of the Circuit Court shall be subject to appeal to the Court of

Appeals. The procedure as to appeal to the Court of Appeals shall be the sam e

as in any civil action.

(9) The provisions of KRS 90.310 to 90.410, 95.450, and 95.765 shall not apply in any

proposed disciplinary action arising from a citizen complaint made under subsection

(3) of this section or arising from any allegation of conduc t that would constitute a

violation of law enforcement procedures under subsection (4) of this section. This

section shall not be interpreted or construed to alter or impair any of the substantive

rights provided to a city police officer under KRS 90.310 t o 90.410, 95.450, and

95.765 for any proposed disciplinary action or other matters not arising under

subsections (3) and (4) of this section, including proposed actions involving alleged

violations of general employment policies. To the extent that the pro visions of this

section are inapplicable to any proposed disciplinary action against a city police

officer, the provisions of KRS 90.310 to 90.410, 95.450, and 95.765 shall remain in

full force and effect.

(10) 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 to in any way affect any rights previously afforded to officers of the

Commonwealth by statute, collective bargaining or working agreement, or

legally adopted ordinance;

(b) Preclude an employing agency from investigating and charging an officer both

criminally and administratively;

(c) Prevent the suspension with or without pay or reassignment of an officer

during an investigation and pending final disposition charges;

(d) Permit an employing agency to categorize and treat any complaint that

originates from a citizen as an internal matter in order to avoid application of

all of the provisions of this section to the final disposition of a citiz en's

complaint;

(e) Apply any disciplinary action required by this section to actions taken by an

employing agency that is not related to misconduct by a law enforcement

officer, such as personnel decisions made by the employing agency due to a

lack of res ources or personnel decisions related to a chief's management of a

police department; or

(f) Prevent an employing agency from electing to apply the provisions of this

section, or parts thereof, in circumstances that would not be covered under this

section.

(11) This section shall not apply to officers employed by a consolidated local

government that receives funds under KRS 15.410 to 15.510, who shall instead be

governed by the provisions of KRS 67C.326.