{"data":{"id":"us-ky/krs-90.190","jurisdiction":"us-ky","citation":"KRS 90.190","heading":"Dismissals and demotions.","body":"(1) Any suspension in excess of ten (10) days, dismissal or demotions of employees in\npositions subject to the provisions of KRS 90.110 to 90.230 may be made only by\nthe appointing authority upon the filing of written statements of the reasons of such\nsuspension in excess of ten (10) days, or dismissals or demotions with the board,\nprovided that copies of all such statements shall be furnished to the employees so\nsuspended, dismissed, or demoted, on or before the effective date of such\nsuspension, dismissal, or  demotion, provided further that employees holding\nprobationary appointments may be dismissed without the appointing authority being\nrequired to furnish either the board or the suspended, or dismissed, or demoted\nemployee with a written statement of the re asons for such suspension, dismissal, or\ndemotion. Any employee who has been suspended in excess of ten (10) days,\ndismissed, or demoted holding a regular appointment, shall be entitled, upon written\ndemand, to a public hearing by the board, at which time he shall have the right to\nintroduce evidence in his own behalf, and to be represented by counsel.\n(2) The board shall investigate and determine the justification for all suspensions in\nexcess of ten (10) days, or dismissals, or demotions, reported, or com plained of,\naccording to the provisions of this section. The board shall keep an accurate record\nof its proceedings under this section, including evidence presented at any public\nhearing. The board's order and findings shall be final subject to the right o f appeal\nas set out in subsections (3) and (4) of this section. Enforcement of the suspension,\ndismissal or demotion shall not be suspended pending any proceeding or appeal\nprovided in this section. Copies of the order and findings of the board shall be\nimmediately delivered to the mayor, appointing authority, and to the suspended,\ndismissed, or demoted employee.\n(3) Within thirty (30) days after the order of the board has been entered under\nsubsection (2) of this section, any employee, who has been aggrieved by the order of\nthe board, or the mayor or the appointing authority may appeal to the Circuit Court\nin the county in which the city is located in the following manner:\n(a) Upon request in writing by the person making the appeal, and the payment of\ncosts therefor, the secretary of the board shall provide a certified copy of the\nrecord and the findings of that body to the appellant. The appeal shall be\nprosecuted by filing a complaint in Circuit Court and shall otherwise be in\naccordance with the Rules of Civil Procedure. Upon the record being filed by\nthe appellant, the case shall be docketed in the Circuit Court and tried de\nnovo.\n(b) If the secretary fails to provide a certified copy of the record to the appellant\nwithin thirty (30) days after the reques t is made, then the aggrieved person\nmay file an affidavit in that court setting out as fully as possible the charges,\ntogether with a copy of the board's findings and a statement that demand for\nthe transcript had been made of the secretary more than thir ty (30) days prior\nto the filing of the affidavit. Upon filing of this affidavit in the Circuit Court,\nthe case shall be docketed in that court and the court may compel the filing of\nthe transcript by the secretary by entering proper mandatory order, and u pon\nfailure of the secretary to do so, he shall be liable to fine and imprisonment for\ncontempt. Such appeal shall have precedence over other business and be\ndetermined speedily.\n(4) An appeal will lie from the judgment of the Circuit Court to the Court of Appeals as\nin other cases, in any controversy arising under this section.\n(5) Nothing in KRS 90.110 to 90.230 shall permit the suspension, dismissal, or\ndemotion of any employee subject to the provisions of KRS 90.110 to 90.230 on\naccount of religious faith, race, color, creed, or political affiliation.","path":["KRS Chapter 90"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=25432","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:47Z","sha256":"baa6ebcb886a5a596a0e3d0342d3ea17b007843cab2cbc3a7055dbe2795e088a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-90.180","next":"us-ky/krs-90.200"},"notice":"GroundRules: Original legal text. Not legal advice."}