{"data":{"id":"us-ky/krs-67c.326","jurisdiction":"us-ky","citation":"KRS 67C.326","heading":"Review of citizen complaints against police officers.","body":"(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 any statement that is\nsubmitted or received anonymously;\n(c) \"Disciplinary action\" means termination, demotion, a decrease in pay or\ngrade, suspension without pay, or a written reprimand;\n(d) \"Interrogation\" means 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 corrective instruction, counseling,\nor coaching; and\n(e) \"Misconduct\" means any act or omission by that officer that violates criminal\nlaw or the rules and administrative regulations of the department or\nconsolidated local government.\n(2) In order to establish a minimum system of professional conduct for the police\nofficers of consolidated local governments of this Commonwealth, the following\nstandards are stated as the intention of the General Assembly to deal fairly and\nestablish administ rative due process rights for police officers of the consolidated\nlocal government and, at the same time, provide a means for redress by the citizens\nof the Commonwealth for wrongs allegedly done to them by police officers covered\nby this section.\n(3) Any complaint taken from a citizen alleging misconduct on the part of any police\nofficer, as defined herein, shall be taken as follows:\n(a) If the complaint alleges criminal activity by a police officer, the allegations\nmay be investigated without a signed, sworn complaint of the citizen;\n(b) If the complaint alleges any other type of misconduct, an affidavit, signed and\nsworn to by the citizen, shall be obtained, except as provided by paragraph (c)\nof this subsection; or\n(c) If a complaint is required to be ob tained and the citizen, upon request, refuses\nto make allegations under oath in the form of an affidavit, signed and sworn\nto, the department may investigate the allegations, but shall bring charges\nunder subsection (6) of this section against the police o fficer only if the\ndepartment can independently substantiate the allegations absent the sworn\nstatement of the citizen.\n(4) (a) When an officer is accused of misconduct by any individual within the\ndepartment employing the police officer, including supervi sors and elected or\nappointed officials of the police officer's department, or by a citizen\ncomplaint, the department shall conduct any investigation subject to the\nprovisions of subsection (5) of this section, formally charge the police officer\nin accorda nce with subsection (6) of this section, and conduct a hearing in\naccordance with subsection (7) of this section before any disciplinary action is\ntaken against the police officer.\n(b) The provisions of this subsection shall not prevent the department from\nsuspending the police officer, with or without pay, during an investigation and\npending the final disposition of any formal charges, except that a police\nofficer suspended without pay shall be entitled to full back pay and benefits\nfor the regular hours the officer would have worked if no formal charges were\nbrought or the board finds the officer not guilty of the charges.\n(5) (a) Any complaint filed by a citizen under subsection (3) of this section or any\nallegation of misconduct under subsection (4) of t his section shall be\ninvestigated by the department or another designated law enforcement agency\nif the department determines that an investigation of the complaint or the\nalleged misconduct is warranted.\n(b) No threats, promises, or coercions shall be used at any time against any police\nofficer while he or she is a suspect in a criminal or departmental matter.\nSuspension from duty with or without pay, or reassignment to other than an\nofficer's regular duties during the period, shall not be deemed coercion.  Prior\nto or within twenty -four (24) hours after suspending the officer pending\ninvestigation or disposition of a complaint, the officer shall be advised in\nwriting of the reasons for the suspension.\n(c) No police officer shall be subjected to interrogatio n in a departmental matter\ninvolving alleged misconduct on his or her part, until forty -eight (48) hours\nhave expired from the time the request for interrogation is made to the\naccused officer, in writing. The interrogation shall be conducted while the\nofficer is on duty. The notice of interrogation shall include a statement of any\nreason for the interrogation and served on the officer by certified mail, return\nreceipt requested, or by personal delivery.\n(d) If requested by the department no later than the end of the subject officer's\nnext tour of duty after the tour of duty during which the department initially\nwas made aware of the allegations of misconduct, the officer shall submit a\nwritten report of the alleged incident.\n(e) If a police officer is under  arrest, or likely to be arrested, or a suspect in any\ncriminal investigation, he or she shall be afforded 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 t o counsel, and shall be notified of\nthose rights before any questioning commences.\n(6) (a) If it is determined through investigation or other means that the facts alleged\nin a citizen complaint or other allegation of misconduct warrant disciplining\nthe off icer, the department shall provide the officer the written statement\nrequired in KRS 67C.321(1)(a), which shall include sufficient specificity so as\nto fully inform the police officer of the nature and circumstances of the\nalleged violation in order that h e or she may be able to properly defend\nhimself or herself.\n(b) The written statement shall be signed by the chief, set out the disciplinary\naction intended by the chief, and be served on the police officer in writing by\ncertified mail, return receipt requested, or by personal delivery.\n(c) When a police officer has been charged with misconduct, no public statements\nshall be made concerning the alleged violation by any person or persons of the\nconsolidated local government or the police officer so charged,  until final\ndisposition of the charges.\n(d) No police officer as a condition of continued employment by the consolidated\nlocal government shall be compelled to speak or testify or be questioned by\nany person or body of a nongovernmental nature.\n(7) Subject to KRS 67C.321 and 67C.325, a hearing shall be conducted by the board to\ndetermine whether the discipline issued by the chief is supported by a\npreponderance of the evidence and whether the disciplinary action recommended by\nthe chief is justified. In co nducting a hearing, the following administrative due\nprocess rights shall be recognized and these shall be the minimum rights afforded\nany police officer charged, except as otherwise agreed to in writing by the officer\nand the employing agency:\n(a) The acc used police officer shall have been given at least twelve (12) days'\nwritten notice of any hearing. The notice shall be served on the officer by\ncertified mail, return receipt requested, or by personal delivery;\n(b) Copies of any sworn statements or affida vits to be considered by the board\nand any exculpatory statements or affidavits shall be furnished to the police\nofficer no less than twelve (12) days prior to the time of any hearing;\n(c) At any hearing based upon the sworn complaint of a citizen, the cit izen 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 citizen does not appear,\nexcept where due to circumstan ces 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 p olice officer shall have the right and opportunity to obtain and\nhave counsel present, and to be represented by the counsel;\n(f) The board shall subpoena and require the attendance of witnesses and the\nproduction by them of books, papers, records, and othe r documentary\nevidence at the request of the accused police officer or the chief. If any person\nfails or refuses to appear under the subpoena, or to testify, or to attend, or\nproduce the books, papers, records, or other documentary evidence lawfully\nrequired, the board may report to the Circuit Court or any judge thereof the\nfailure or refusal, and apply for a rule. The Circuit Court, or any judge thereof,\nmay on the application compel obedience by proceedings for contempt as in\nthe case of disobedience of the requirements of a subpoena issued from the\ncourt;\n(g) The accused police officer shall be allowed to present witnesses and any\ndocumentary or other relevant evidence the police officer wishes to provide to\nthe board, and may cross-examine all witnesses called by the charging party;\n(h) For any police officer suspended with or without pay who is not given a\nhearing as provided by this section within sixty (60) days his or her appeal of\nthe final opinion by the chief or the chief's designee, the disciplin e and\ncharges issued by the chief shall be dismissed with prejudice, shall not be\nconsidered by the board, and the officer shall be reinstated with full back pay\nand benefits;\n(i) Any police officer who has been suspended without pay who is found not\nguilty of the charges by the board 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 weight or credibility and wh ether the officer has\nbeen materially prejudiced; and\n(k) To the extent the provisions of KRS 61.805 to 61.850 are applicable, the\nboard may conduct the hearing required by this subsection in a closed session\nunless the police officer requests of the board, in writing at least three (3) days\nprior to the hearing, that the hearing be open to the public.\n(8) 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 in any way affect any rights previously afforded t o a police officer of\nthe consolidated local government by statute, collective bargaining or working\nagreement, or legally adopted ordinance;\n(b) Preclude a consolidated local government from investigating and charging a\npolice officer both criminally and administratively; or\n(c) Prevent the suspension, with or without pay or reassignment, of a police\nofficer during an investigation and pending the final disposition of charges.","path":["KRS Chapter 67C"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55793","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:29Z","sha256":"ac1ecbb14a4b18d650b36bc97959bc3905bf66549830043ca9b3bfb7fb5fb4a0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-67c.325","next":"us-ky/krs-67c.327"},"notice":"GroundRules: Original legal text. Not legal advice."}