KRS 67C.319: Rules for qualification, appointment, and discipline of officers -- Chief

examiner -- Promotional examinations -- Review of results -- Filling

promotional vacancies.

(1) Every consolidated local government police force merit system board create d shall

make, promulgate, and when necessary, amend rules for the qualifications, original

appointment, probation, promotion, demotion, transfer, lay -off, reinstatement,

suspension, and removal of the officers covered by KRS 67C.303, 67C.305,

67C.307, and 67C.309. No rule or regulation made, promulgated, or amended by

any consolidated local government police force merit system board shall be

inconsistent with the express provisions of this chapter. The board shall publish its

rules and any amendments and shall supply certified copies to the mayor, legislative

council, and the police chief and shall post a copy conspicuously in the office or

place where the headquarters of the consolidated local government police is

maintained. The copies of the rules and ame ndments shall be distributed and posted

in the manner prescribed within three (3) days after adoption.

(2) The rules in addition to other matters shall specifically provide for and cover the

following:

(a) Physical, mental, educational, citizenship, and ag e requirements for new

officers;

(b) Physical, mental, educational, citizenship, age, and length of service

requirements for promotion from lower to higher rank or classification;

(c) A requirement that police officers, since their most recent date of entr y into

that rank, have at least:

1. Five (5) years of continuous service as police officers before being

eligible for promotion to the rank of sergeant; and

2. One (1) year of continuous service as police sergeants before being

eligible for promotion to the rank of lieutenant;

(d) Provision for open, competitive, written, oral, and other mental and physical

examinations to determine the relative fitness of all candidates for original

appointment and for promotion;

(e) A requirement of public notice of all e xaminations to be given by the merit

board;

(f) Organization and meetings of the board; and

(g) Procedure and conduct of public hearings.

(3) The board, with the approval of the mayor, shall employ a chief examiner who shall

be professionally qualified and experienced in the field of testing and who shall

formulate, give, grade, and administer all written or other examinations as required

by the board.

(4) Physical fitness for promotion shall be presumed unless certified to the contrary by

the chief of police who shall supply the board with medical records of the disability.

(5) At least ninety (90) days' notice shall be given before a promotional examinatio n is

conducted.

(6) Promotional tests shall be graded, as determined by the board, to include scores on

the written, oral, or other examination components. In addition, seniority shall be

awarded for each year of full -time continuous service since being hi red as a police

recruit or police officer. If the candidate has been rehired after a period of

separation, seniority for promotional tests shall be calculated from the most recent

hire date. The results of the written, oral, or other examination components shall be

combined with the seniority component to determine the applicant's final earned

rating. The board shall determine the weight for each component of the final earned

rating, including seniority. The weight assigned to seniority as a component shall

not exceed ten percent (10%) of the maximum number of points attainable for all

examination components combined. If the number of candidates exceeds the

number of positions in the rank for which the candidates are being tested, the chief

examiner may set a cut -off score on any of the tests, excluding seniority, that

candidates must meet or exceed in order for them to progress in the selection

process. The cut -off score shall be set such that the number of candidates equals

one-half (1/2) the number of positions in the rank for which the candidates are being

tested, that number to be rounded up, at the time of the posting. If ties exist at the

cut-off score, individuals having tied scores shall progress in the selection process.

(7) Promotional eligibility l ists shall contain the names of successful candidates in the

order of their standing through examination. An individual's results and ratings are

subject to review by the individual candidate but are otherwise confidential.

(8) The chief examiner shall com pile the results of all examinations. Upon completion

of grading of examinations, candidates shall be informed by mail of the final

evaluated rating attained and their individual ranking on the eligibility list. An

applicant may, by appointment, discuss hi s or her examination results within the

offices of the chief examiner during business hours at any time when such review

will not interfere with the work of the board. Such review must be requested within

ten (10) calendar days following the establishment of the eligibility list. The board

shall make examination questions and answers available for inspection by the

applicant upon the filing of a written challenge.

(9) In filling promotional vacancies, the chief of police shall select from not more than

five (5) candidates graded highest on the appropriate eligibility list. The board shall

determine the justification for not promoting a candidate with the higher evaluated

rating who has been certified for promotion four (4) times. If the board determines

that the candidate's nonpromotion is unjustified or unsupported by the evidence, the

candidate shall be promoted. The certified rank list for promotions shall be valid for

two (2) years and shall not be extended. All promotional vacancies shall be filled

within sixty (60) days of the vacancy.

(10) For the purposes of this section:

(a) "Continuous service" means the period of time in which a police officer has

been employed full -time in that position with the consolidated local

government police department witho ut separation. Continuous service shall

not be broken if an employee, who has been involuntarily terminated, is

reinstated by legal process; and

(b) "Separation" means removal from employment as a police officer but shall not

include lawful leaves of absen ce from duty such as military leave, medical

leave, or other lawful absences where return to duty is ordinarily expected.