{"data":{"id":"us-ky/krs-15.520","jurisdiction":"us-ky","citation":"KRS 15.520","heading":"Complaints against police officers -- Manner of investigation and hearing --","body":"Statutory provisions that do not apply.\n(1) As used in this section:\n(a) \"Citizen\" means any individual who is not:\n1. A member or supervisor within the law enforcement  agency that\nemploys an officer; or\n2. An elected or appointed official within the unit of government under\nwhich the law enforcement agency that employs the officer is organized;\n(b) \"Complaint\" means any statement by a citizen, whether written or verbal,  that\nalleges any type of misconduct by an officer, including statements that are\nsubmitted or received anonymously;\n(c) \"Disciplinary action\" means termination, demotion, a decrease in pay or grade,\nsuspension without pay, and a written reprimand;\n(d) \"General employment policies\" means the rules, regulations, policies, and\nprocedures commonly applicable to the general workforce or civilian\nemployees that are not unique to law enforcement activities or the exercise of\npeace officer authority, regardless of whether those rules, regulations, policies,\nand procedures exist or appear in a departmental manual or handbook that is\nsolely applicable to a law enforcement department or agency within the unit of\ngovernment employing the officer;\n(e) \"Interrogation\" me ans a formal investigative interview and does not mean\nconversations or meetings of supervisory personnel and subordinate officers\nthat are not intended to result in disciplinary action, such as conversations or\nmeetings held for the purpose of providing c orrective instruction counseling\nor coaching;\n(f) \"Law enforcement procedures\" means only those policies, rules, and customs\nthat:\n1. Are specific to the conduct of officers in the exercise of law enforcement\npowers and functions, including, without limita tion: use of force,\nconduct in the course of pursuits, conduct during stops or detentions of\ncitizens, conduct in the course of interacting with, assisting, or\nquestioning of citizens, and investigative conduct;\n2. Are carried out in the course of peace officer functions;\n3. Are not general employment policies; and\n4. May exist in either written form or in the form of unwritten standards,\npractices, or protocols generally accepted and applied in the law\nenforcement profession;\n(g) \"Misconduct\" means any act or omission by an officer that violates criminal\nlaw, law enforcement procedures, or the general employment policies of the\nemploying agency; and\n(h) \"Officer\" means a person employed as a full -time peace officer by a unit of\ngovernment that receives funds under KRS 15.410 to 15.510, except a state\nofficer listed in KRS 15.420(2)(a)2.b. to f. and n., who has completed any\nofficially established initial probationary period of employment lasting no\nlonger than twelve (12) months not  including, unless otherwise specified by\nthe employing agency, any time the officer was employed and completing the\nbasic training required by KRS 15.404.\n(2) In order to establish a minimum system of professional conduct for officers of local\nunits of go vernment of this Commonwealth, the following standards are stated as\nthe intention of the General Assembly to deal fairly and establish administrative due\nprocess rights in certain disciplinary matters concerning those officers of an\nemploying unit of gove rnment that participates in the Kentucky Law Enforcement\nFoundation Program fund administered pursuant to KRS 15.430 and, at the same\ntime, to provide a means for redress by the citizens of the Commonwealth for\nwrongs allegedly done to them by officers covered by this section.\n(3) Any complaint taken from a citizen alleging misconduct on the part of any officer\nshall be taken as follows:\n(a) If the complaint alleges criminal activity by an officer, the allegations may be\ninvestigated without a signed, sworn complaint of the citizen;\n(b) If the complaint alleges any other type of violation not constituting criminal\nactivity, including violations of law enforcement procedures or the general\nemployment policies of the employing agency, an affidavit, signed and sworn\nto by the citizen, shall be obtained, except as provided by paragraph (c) of this\nsubsection; or\n(c) If a complaint is required to be obtained and the citizen, upon request, refuses\nto make allegations under oath in the form of an affidavit, signed a nd sworn\nto, the employing agency may investigate the allegations, but shall bring\ncharges under subsection (6) of this section against the officer only if the\nemploying agency can independently substantiate the allegations absent the\nsworn statement of the citizen.\n(4) (a) When an officer is accused of an act or omission that would constitute a\nviolation of law enforcement procedures by any individual within the law\nenforcement agency employing the officer, including supervisors and elected\nor appointed officials of the officer's employing agency, the employing agency\nshall conform the conduct of any investigation to the provisions of subsection\n(5) of this section, shall formally charge the officer in accordance with\nsubsection (6) of this section, and sha ll conduct a hearing in accordance with\nsubsection (7) of this section before any disciplinary action shall be taken\nagainst the officer.\n(b) The provisions of this subsection shall not prevent the employing agency from\nsuspending the officer, with or with out pay, during an investigation and\npending the final disposition of any formal charges, except that an officer\nsuspended without pay shall be entitled to full back pay and benefits for the\nregular hours he or she would have worked if no formal charges are brought or\nthe hearing authority finds the officer not guilty of the charges.\n(c) An employing agency shall not be required to follow the provisions of this\nsection in addressing conduct by the officer that would constitute a violation\nof the general employment policies of the employing agency.\n(5) (a) Any complaint filed by a citizen under subsection (3) of this section or any\nallegation of conduct that would constitute a violation of law enforcement\nprocedures under subsection (4) of this section shall be investigated by the\nemploying agency or another designated law enforcement agency in\naccordance with the provisions of this subsection if the employing agency\ndetermines that an investigation of the complaint or the alleged conduct is\nwarranted.\n(b) No threats, promises, or coercions shall be used at any time against any officer\nwhile he or she is a suspect in a criminal case or has been accused of a\nviolation of law enforcement procedures. Suspension from duty with or\nwithout pay, or reassignment to oth er than an officer's regular duties during\nthe period shall not be deemed coercion. Prior to or within twenty -four (24)\nhours after suspending the officer pending investigation or disposition of a\ncomplaint, the officer shall be advised in writing of the r easons for the\nsuspension.\n(c) Unless otherwise agreed to in writing by the officer, no police officer shall be\nsubjected to interrogation for alleged conduct that violates law enforcement\nprocedures, until forty-eight (48) hours have expired from the time the request\nfor interrogation is made to the accused officer, in writing. The notice of\ninterrogation shall include a statement regarding any reason for the\ninterrogation and shall be served on the officer by certified mail, return receipt\nrequested, or by personal delivery.\n(d) The interrogation shall be conducted while the officer is on duty. The officer\nmay be required to submit a written report of the alleged incident if the\nrequest is made by the employing agency no later than the end of the subject\nofficer's next tour of duty after the tour of duty during which the employing\nagency initially was made aware of the complaint.\n(e) If an officer is under arrest, or likely to be arrested, or a suspect in any\ncriminal investigation, he or she shall be affor ded the same constitutional due\nprocess rights that are accorded to any civilian, including, but not limited to,\nthe right to remain silent and the right to counsel, and shall be notified of\nthose rights before any questioning commences.\n(6) (a) If it is d etermined through investigation or other means that the facts alleged\nin a citizen complaint or in an accusation of a violation of law enforcement\nprocedures warrant charging the officer, the charge shall be made in writing\nwith sufficient specificity so a s to fully inform the officer of the nature and\ncircumstances of the alleged violation in order that he or she may be able to\nproperly defend himself or herself.\n(b) The charge shall be signed by a representative of the employing agency, shall\nset out the disciplinary action recommended or imposed, and shall be served\non the officer in writing by certified mail, return receipt requested, or by\npersonal delivery.\n(c) When an officer has been charged with a violation of law enforcement\nprocedures, no public s tatements shall be made concerning the alleged\nviolation by any person or persons of the employing agency or the officer so\ncharged, until final disposition of the charges.\n(d) No officer as a condition of continued employment by the employing agency\nshall be compelled to speak or testify or be questioned by any person or body\nof a nongovernmental nature.\n(7) Unless waived by the charged officer in writing, a hearing shall be conducted by the\nofficer's appointing authority to determine whether there is subs tantial evidence to\nprove the charges and to determine what, if any, disciplinary action shall be taken if\nsubstantial evidence does exist. In conducting a hearing, the following\nadministrative due process rights shall be recognized and these shall be the\nminimum rights afforded any officer charged, except as otherwise agreed to in\nwriting by the officer and the employing agency:\n(a) The accused officer shall be given at least twelve (12) days' written notice of\nany hearing. The notice of hearing shall be s erved on the officer by certified\nmail, return receipt requested, or by personal delivery;\n(b) Copies of any sworn statements or affidavits to be considered by the hearing\nauthority and any exculpatory statements or affidavits shall be furnished to the\nofficer no less than twelve days (12) prior to the time of any hearing;\n(c) At any hearing based upon the sworn complaint of a citizen, the citizen shall\nbe notified to appear at the time and place of the hearing by certified mail,\nreturn receipt requested, or by personal delivery;\n(d) If the return receipt has been returned unsigned, or the individual does not\nappear, except due to circumstances beyond his or her control he or she cannot\nappear at the time and place of the hearing, any charge resulting from a\ncomplaint made by that citizen shall not be considered by the hearing\nauthority and shall be dismissed with prejudice;\n(e) The accused officer shall have the right and opportunity to obtain and have\ncounsel present, and to be represented by counsel;\n(f) The appointing authority, legislative body, or other body as designated by the\nKentucky Revised Statutes shall subpoena and require the attendance of\nwitnesses and the production by them of books, papers, records, and other\ndocumentary evidence at the requ est of the accused officer or the charging\nparty. If any person fails or refuses to appear under the subpoena, or to testify,\nor to attend, or produce the books, papers, records, or other documentary\nevidence lawfully required, the appointing authority, legislative body, or other\nbody as designated by the Kentucky Revised Statutes may report to the Circuit\nCourt or any judge thereof the failure or refusal, and apply for a rule. The\nCircuit Court, or any judge thereof, may on the application compel obedience\nby proceedings for contempt as in the case of disobedience of the\nrequirements of a subpoena issued from the court;\n(g) The accused officer shall be allowed to present witnesses and any\ndocumentary or other relevant evidence the officer wishes to provide to the\nhearing authority, and may cross-examine all witnesses called by the charging\nparty;\n(h) If any officer who has been suspended with or without pay is not given a\nhearing as provided by this section within seventy-five (75) days of any charge\nbeing f iled pursuant to this section, the charge shall be dismissed with\nprejudice and shall not be considered by any hearing authority and the officer\nshall be reinstated with full back pay and benefits;\n(i) Any officer who has been suspended without pay who is found not guilty of\nthe charges by the hearing authority shall be reinstated with the full back pay\nand benefits for the regular hours he or she would have worked;\n(j) The failure to provide any of the rights or to follow the provisions of this\nsection may be raised by the officer with the hearing authority. The hearing\nauthority shall not exclude proffered evidence based on failure to follow the\nrequirements of this section but shall consider whether, because of the failure,\nthe proffered evidence lacks we ight or credibility and whether the officer has\nbeen materially prejudiced; and\n(k) To the extent the provisions of KRS 61.805 to 61.850 are applicable, the\nhearing authority may conduct the hearing required by this subsection in a\nclosed session, unless the officer requests of the hearing authority in writing at\nleast three (3) days prior to the hearing that the hearing be open to the public.\n(8) (a) Any officer who is found guilty by any hearing authority of any charge, may\nbring an action in the Circuit Court in the county in which the employing\nagency is located within thirty (30) days of the date written findings are issued\nto appeal the action of the hearing authority. The appeal shall be initiated by\nthe filing of a complaint in the same manner as any  civil action under the\nRules of Civil Procedure and shall include a copy of the hearing authority's\nfinal order. The Circuit Court review of the case shall be based solely upon the\nadministrative record created before the hearing authority and any new\nevidence offered by the officer regarding alleged arbitrariness on the part of\nthe hearing authority.\n(b) The judgment of the Circuit Court shall be subject to appeal to the Court of\nAppeals. The procedure as to appeal to the Court of Appeals shall be the sam e\nas in any civil action.\n(9) The provisions of KRS 90.310 to 90.410, 95.450, and 95.765 shall not apply in any\nproposed disciplinary action arising from a citizen complaint made under subsection\n(3) of this section or arising from any allegation of conduc t that would constitute a\nviolation of law enforcement procedures under subsection (4) of this section. This\nsection shall not be interpreted or construed to alter or impair any of the substantive\nrights provided to a city police officer under KRS 90.310 t o 90.410, 95.450, and\n95.765 for any proposed disciplinary action or other matters not arising under\nsubsections (3) and (4) of this section, including proposed actions involving alleged\nviolations of general employment policies. To the extent that the pro visions of this\nsection are inapplicable to any proposed disciplinary action against a city police\nofficer, the provisions of KRS 90.310 to 90.410, 95.450, and 95.765 shall remain in\nfull force and effect.\n(10) As the provisions of this section relate to a  minimum system of professional\nconduct, nothing in this section shall be interpreted or construed to:\n(a) Limit or to in any way affect any rights previously afforded to officers of the\nCommonwealth by statute, collective bargaining or working agreement, or\nlegally adopted ordinance;\n(b) Preclude an employing agency from investigating and charging an officer both\ncriminally and administratively;\n(c) Prevent the suspension with or without pay or reassignment of an officer\nduring an investigation and pending final disposition charges;\n(d) Permit an employing agency to categorize and treat any complaint that\noriginates from a citizen as an internal matter in order to avoid application of\nall of the provisions of this section to the final disposition of a citiz en's\ncomplaint;\n(e) Apply any disciplinary action required by this section to actions taken by an\nemploying agency that is not related to misconduct by a law enforcement\nofficer, such as personnel decisions made by the employing agency due to a\nlack of res ources or personnel decisions related to a chief's management of a\npolice department; or\n(f) Prevent an employing agency from electing to apply the provisions of this\nsection, or parts thereof, in circumstances that would not be covered under this\nsection.\n(11) This section shall not apply to officers employed by a consolidated local\ngovernment that receives funds under KRS 15.410 to 15.510, who shall instead be\ngoverned by the provisions of KRS 67C.326.","path":["KRS Chapter 15"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47444","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:34Z","sha256":"ed3dd542a03dcea84f3fa2a8d0151e9f5cb96299e8a250f363460e090de54045","source_id":"us-ky","stale":false,"prev":"us-ky/krs-15.519","next":"us-ky/krs-15.525"},"notice":"GroundRules: Original legal text. Not legal advice."}