KRS 90.360: Dismissal, suspension, or reduction -- Exclusions from classified service.

(1) No employee in the classified service shall be dismissed, suspended, or reduced in

grade or pay for any reason except inefficiency, misconduct, insubordination,

violation of law involving moral turpitude, or violation of any rule adopted by the

city legislative body or civil service commission.

(2) Any person may prefer charges in writing against any employee by filing them with

the mayor or other appointing authority who shall communicate the charges without

delay to the civil service commission of th e city. The charges must be signed by the

person making them and must set out clearly each charge. The appointing authority

shall, whenever probable cause appears, prefer charges against any employee whom

he or she believes guilty of conduct justifying his or her removal. Upon the filing of

charges, the clerk of the civil service commission shall notify its members and serve

a copy of the charges upon the accused employee with a statement of the date,

place, and hour at which the hearing of charges will beg in, this hearing not to be

held within three (3) days of the date of the service of charges upon the accused

employee. The day on which the charges are served on the accused employee shall

count as one (1) of the days of notice. The person accused may in w riting waive the

service of charges and demand trial within three (3) days after they have been filed

with the clerk of the civil service commission.

(3) Upon the hearing, the charges shall be considered traversed and put in issue, and the

trial shall be limited to the issues presented by the written charges.

(4) The civil service commission shall have the power to summon and compel

attendance of witnesses at all hearings by subpoena issued by the clerk of that body

and served upon the witnesses by members of the police department of the city or

any officer authorized to serve subpoenas. If any witness fails to appear in response

to a summons or refuses to testify concerning any matter on which he may lawfully

be interrogated, any District Judge, on applicat ion of the commission, may compel

obedience by proceedings for contempt as in the case of disobedience of a subpoena

issued from the District Court. The accused employee shall have the right to have

subpoenaed any witnesses he or she may desire, upon furni shing their names to the

clerk. As many as ten (10) subpoenas may be served on the request of the accused

employee without charge but each additional subpoena requested by him shall be

issued by the clerk and served by the police department only upon payme nt of fifty

cents ($0.50) to the city clerk by the employee. The action and decision of the civil

service commission on the charges shall be reduced to writing and kept in a book

for that purpose and the written charge shall be attached to the book contain ing the

body's decision.

(5) In cases where the head of the department or the appointing authority has probable

cause to believe an employee has been guilty of conduct justifying his removal or

punishment he shall immediately suspend that employee from duty or from both pay

and duty pending trial and the employee shall not be placed on duty or allowed pay

thereafter until the charges are heard by the civil service commission.

(6) The civil service commission shall punish any employee found guilty by reprima nd

or a suspension for any length of time not to exceed six (6) months, or by reducing

the grade, if the employee's classification warrants, or by combining any two (2) or

more of these punishments, or by dismissal. No employee shall be reprimanded,

removed, suspended, or dismissed except as provided in this section.

(7) (a) Any of the following offices, positions, and places of employment, in the

police and fire departments, may be excluded from the classified service:

1. Chief of police;

2. Assistant chief of police;

3. Chief of firefighters; and

4. Assistant chief of firefighters.

(b) Any classified employee in either department who shall accept an appointment

and qualify as chief of police, assistant chief of police, chief of firefighters, or

assistant c hief of firefighters shall be deemed to have received a leave of

absence from the classified service for, and during the incumbency of, any of

those respective positions. If an individual should cease to serve in any of

those positions, there shall be rest ored to him or her the same classification

and rank which he or she held prior to his or her appointment.