KRS 70.260: Option for county to create deputy sheriff merit board -- Expenses --

Membership -- Meetings -- Exclusion of certain deputy sheriffs who serve in

policy-making positions.

(1) The primary legislative body of each county may enact an ordinance creating a

deputy sheriff merit board, which shall be charged with the duty of holding

hearings, public and executive, in disciplinary matters concerning deputy sheriffs.

For the purpose of KRS 70.260 to 70.273, the primary legislative body of each

county that does not have an urban -county, consolidated local government, or

charter county government shall be the fiscal court.

(2) The reasonable and necessary expenses of the board, including the funds necessary

to retain an attorney to advise the board on legal matter s, shall be paid out of the

fees and commissions collected by the sheriff. If the fees and commissions are not

sufficient to pay the expenses of the board and the other expenses authorized by

statute to be paid from these fees and commissions, the sheriff may negotiate with

the primary legislative body to determine a method of paying all or part of the

expenses of the board.

(3) The board shall consist of five (5) members, two (2) members appointed by the

county judge/executive or the chief executive office r of an urban -county

government or the chief executive officer of a consolidated local government

pursuant to the provisions of KRS 67C.139 with approval by the primary legislative

body, two (2) members appointed by the county sheriff, and one (1) member elected

by the deputy sheriffs of the county. Each board appointee shall be at least thirty

(30) years of age and a resident of the county. No person shall serve on the board

who is a deputy sheriff or who holds any elected public office. No person shall be

appointed to the board who is a member of the immediate family of the sheriff of

the county served by the board. The members of the board shall not receive a salary

but shall receive reimbursement for necessary expenses.

(4) All appointments shall be for two (2) years, and any vacancies shall be filled by the

sheriff or county judge/executive, or the chief executive officer of an urban -county

government or consolidated local government responsible for the appointment of

the departing board member.

(5) The board shall elect a chairman from its membership and keep an accurate record

of its proceedings.

(6) The board shall meet when a disciplinary matter concerning a deputy sheriff is

brought to its attention or at other times at the discretion of the board, u pon

notification of its members.

(7) Three (3) members shall constitute a quorum in all matters which may come before

the board.

(8) For the purpose of this section, "member of the immediate family" means a person's

father, mother, brother, sister, spouse, son, daughter, aunt, uncle, son -in-law, or

daughter-in-law.

(9) An ordinance, adopted under subsection (1) of this section by a county or

consolidated local government, may exclude deputy sheriffs who serve in policy -

making or confidential positions from coverage by the merit system. If the

ordinance makes this exclusion, a deputy sheriff who is covered by the merit system

and who accepts an appointment in a policy-making or confidential position shall be

deemed to have received a leave of absence from the merit system during the

incumbency of that position. If he ceases to serve in a policy-making or confidential

position but continues to serve as a deputy, he shall be restored to coverage at the

same classification and rank that he held prior to his polic y-making position under

the merit system. A deputy who is not covered by the merit system at the time he is

appointed to a policy-making or confidential position shall be deemed not to be part

of the merit system and shall not be included in the merit syst em when he ceases to

serve in that position.