{"data":{"id":"us-ky/krs-90.360","jurisdiction":"us-ky","citation":"KRS 90.360","heading":"Dismissal, suspension, or reduction -- Exclusions from classified service.","body":"(1) No employee in the classified service shall be dismissed, suspended, or reduced in\ngrade or pay for any reason except inefficiency, misconduct, insubordination,\nviolation of law involving moral turpitude, or violation of any rule adopted by the\ncity legislative body or civil service commission.\n(2) Any person may prefer charges in writing against any employee by filing them with\nthe mayor or other appointing authority who shall communicate the charges without\ndelay to the civil service commission of th e city. The charges must be signed by the\nperson making them and must set out clearly each charge. The appointing authority\nshall, whenever probable cause appears, prefer charges against any employee whom\nhe or she believes guilty of conduct justifying his or her removal. Upon the filing of\ncharges, the clerk of the civil service commission shall notify its members and serve\na copy of the charges upon the accused employee with a statement of the date,\nplace, and hour at which the hearing of charges will beg in, this hearing not to be\nheld within three (3) days of the date of the service of charges upon the accused\nemployee. The day on which the charges are served on the accused employee shall\ncount as one (1) of the days of notice. The person accused may in w riting waive the\nservice of charges and demand trial within three (3) days after they have been filed\nwith the clerk of the civil service commission.\n(3) Upon the hearing, the charges shall be considered traversed and put in issue, and the\ntrial shall be limited to the issues presented by the written charges.\n(4) The civil service commission shall have the power to summon and compel\nattendance of witnesses at all hearings by subpoena issued by the clerk of that body\nand served upon the witnesses by members of the police department of the city or\nany officer authorized to serve subpoenas. If any witness fails to appear in response\nto a summons or refuses to testify concerning any matter on which he may lawfully\nbe interrogated, any District Judge, on applicat ion of the commission, may compel\nobedience by proceedings for contempt as in the case of disobedience of a subpoena\nissued from the District Court. The accused employee shall have the right to have\nsubpoenaed any witnesses he or she may desire, upon furni shing their names to the\nclerk. As many as ten (10) subpoenas may be served on the request of the accused\nemployee without charge but each additional subpoena requested by him shall be\nissued by the clerk and served by the police department only upon payme nt of fifty\ncents ($0.50) to the city clerk by the employee. The action and decision of the civil\nservice commission on the charges shall be reduced to writing and kept in a book\nfor that purpose and the written charge shall be attached to the book contain ing the\nbody's decision.\n(5) In cases where the head of the department or the appointing authority has probable\ncause to believe an employee has been guilty of conduct justifying his removal or\npunishment he shall immediately suspend that employee from duty or from both pay\nand duty pending trial and the employee shall not be placed on duty or allowed pay\nthereafter until the charges are heard by the civil service commission.\n(6) The civil service commission shall punish any employee found guilty by reprima nd\nor a suspension for any length of time not to exceed six (6) months, or by reducing\nthe grade, if the employee's classification warrants, or by combining any two (2) or\nmore of these punishments, or by dismissal. No employee shall be reprimanded,\nremoved, suspended, or dismissed except as provided in this section.\n(7) (a) Any of the following offices, positions, and places of employment, in the\npolice and fire departments, may be excluded from the classified service:\n1. Chief of police;\n2. Assistant chief of police;\n3. Chief of firefighters; and\n4. Assistant chief of firefighters.\n(b) Any classified employee in either department who shall accept an appointment\nand qualify as chief of police, assistant chief of police, chief of firefighters, or\nassistant c hief of firefighters shall be deemed to have received a leave of\nabsence from the classified service for, and during the incumbency of, any of\nthose respective positions. If an individual should cease to serve in any of\nthose positions, there shall be rest ored to him or her the same classification\nand rank which he or she held prior to his or her appointment.","path":["KRS Chapter 90"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43668","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:48Z","sha256":"9db647e05ffaa85e0bcb2194d2d5bd31c117c38d62de63c57cca4734112aeff3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-90.350","next":"us-ky/krs-90.370"},"notice":"GroundRules: Original legal text. Not legal advice."}
