{"data":{"id":"us-ky/krs-78.440","jurisdiction":"us-ky","citation":"KRS 78.440","heading":"Board to promulgate rules governing certain subjects -- Publications --","body":"Qualifications -- Requirements for promotion.\n(1) Every county police force merit system board created hereunder shall make,\npromulgate, and when necessary, amend rules for the qua lifications, original\nappointment, probation, promotion, demotion, transfer, lay -off, reinstatement,\nsuspension, fine, and removal of the officers and employees covered by KRS\n78.400 to 78.460. No rule or regulation made, promulgated, or amended by any\ncounty police force merit system board shall be inconsistent with the express\nprovisions of this chapter. The board shall publish its rules and any amendments by\nsupplying a certified copy to the county judge/executive, the fiscal court, and the\nchief, and by  posting a copy conspicuously in the office or place where the\nheadquarters of the county police is maintained. The rules and amendments shall be\npublished in the manner prescribed within three (3) days after the adoption thereof.\n(2) The rules in addition  to other matters shall specifically provide for and cover the\nfollowing:\n(a) 1. Physical, mental, educational, citizenship, and age requirements for new\nemployees and officers.\n2. Physical, mental, educational, citizenship, and age requirements for new\nemployees and officers and seniority requirements for promotion from\nlower to higher rank or classification.\n3. A grade A patrolman shall have three (3) years of service as a grade A\npatrolman before he may be eligible for the promotion to the rank of\nsergeant.  If there are fewer than fifty (50) police officers on the police\nforce, the merit board may waive this service requirement.\n(b) 1. Open competitive written, oral, and physical tests to determine the\nrelative fitness of all candidates and examinations for original\nappointment and for promotion.\n2. Public notices of examinations provided in subparagraph 1 of paragraph\n(b) and subparagraph 2 of paragraph (a) of this subsection.\n(c) Temporary appointments in case of emergency.\n(d) Organization and meetings of the board.\n(e) Procedure and conduct of public hearings.\n(3) No county police force merit system board shall adopt a rule requiring the\nretirement of officers or employees prior to the first day of the month following the\nofficer or employee's fifty -eighth birthday. This subsection shall not prohibit\nretirement prior to age fifty-eight (58) on a voluntary basis.\n(4) The board shall employ a chief examiner who shall be professionally qualified and\nexperienced in the field of testing and who shall formulate, give, grade, and\nadminister all written tests as required by the board. The chief examiner shall report\nto the board the results of all tests given by him and he shall be solely responsible to\nthe board. The chief examiner shall select a panel of three (3) members to conduct\nan oral examination of the applicants for promotion. The panel shall consist of three\n(3) per sons of a supervisory capacity from an outside agency or agencies in the\nsame field and of the same rank to which the applicant is aspiring. The chief\nexaminer shall compile the grades of all applicants in strict compliance with\nprocedures and percentages as set out below and shall deliver, in a sealed envelope,\nthe scores of all applicants for promotion to the chairman of the board. The chief\nexaminer shall not reveal to anyone the results of said tests other than in the manner\nset forth herein. If there a re fewer than fifty (50) applicants for testing, the merit\nboard may waive the requirements of this subsection and substitute other\nappropriate testing methods as determined by the board, but no testing method or\nthe grading shall depart from or be inconsistent with the procedures and percentages\nset out below which shall be strictly followed in determining an applicant's\neligibility for promotion.\n(5) Physical fitness for promotion shall be presumed unless certified to the contrary by\nthe chief of police who shall supply the board with medical records of the disability.\n(6) At least ninety (90) days' notice shall be given before the promotional examination\nis conducted.\n(7) The grading of promotional tests shall be as follows: sixty percent (60%) for written\nexamination; thirty percent (30%) for oral examination; one percent (1%) for each\nyear in seniority in grade, not to exceed ten percent (10%). Seniority points shall be\nawarded for each year of service after five (5) full years of service. The results of\nthe written and oral examinations shall be added to the seniority points available to\neach applicant in determining the applicant's final evaluated rating.","path":["KRS Chapter 78"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=24715","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:38Z","sha256":"7a0a6b39bf742efbd751cfb763bca771a8ac495b25dc0ab5745cb316389db4a7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-78.435","next":"us-ky/krs-78.445"},"notice":"GroundRules: Original legal text. Not legal advice."}
