KRS 78.455: Action of chief or board final -- Exceptions -- Appeals to courts.

In all cases provided for in KRS 78.445 and 78.450, the action of the chief or of the board

shall be final except in the following cases:

(1) Every action in the nature of a dismissal, suspension, reduction, or fine made by the

chief, shall be subject to r eview by the board at the request of any officer or

employee affected by KRS 78.400 to 78.460, and the board shall give notice and

hold a public hearing. After the public hearing, the board shall retire in executive

session to discuss the evidence introduced at the hearing and make its determination

and conclusion. While in executive session, the board shall not receive any further

evidence or communication from any source prior to reaching its determination and

conclusion. The board, while in executive ses sion, may request and receive legal

advice from board counsel on specific legal issues which may arise during

deliberations. If a majority of the members of the board are of the opinion that the

action of the chief is unjustified or unsupported by proper e vidence, the order of the

chief may be set aside and revoked by the board and the board may impose the

penalty or punishment it may deem necessary and appropriate, if any.

(2) (a) Every action in the nature of a dismissal, suspension, reduction, or fine ma de

by the board shall be final, except that any person aggrieved thereby may,

within twenty (20) days after the rendition of the action, appeal to the Circuit

Court of the county in which the board meets. The board shall be named

respondent as the county police force merit board, and service shall be had on

the chairman thereof. The appeal taken to the Circuit Court shall be docketed

by the clerk as a civil action and shall be tried anew, as if no action had been

rendered by the board.

(b) The judgment of t he 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 same

as in civil action.