{"data":{"id":"us-ky/krs-95.765","jurisdiction":"us-ky","citation":"KRS 95.765","heading":"Removal or reduction in grade -- Grounds -- Procedure -- Suspension --","body":"Punishment.\n(1) (a) No member of the police or fire departments shall be removed from the\ndepartment or reduced in grade upon any reason except inefficiency,\nmisconduct, insubordination or violation of law, or violation of the rules\nadopted for the departments.\n(b) Any person may file a complaint against a member of the fire department,\nwhich shall be filed in the office of the mayor, who shall notify the legislative\nbody without delay. Any person may file a complaint against a member of the\npolice department under KRS 15.520.\n(c) Any complaint shall be written, signed by the person making the allegations,\nand shall set out with clearness and distinctness each and every allegation.\n(d) Subject to the provisions of KRS 15.520, it shall be the duty of the mayor and\nthe legislative body, whenever probable cause appears, to prefer charges\nagainst any member of the police or fire departments whom he or she believes\nto have been guilty of any conduct justifying his or her removal or punishment\nin the interest of public order.\n(e) The charges filed shall be written and shall set out with distinctness and\nclearness the charges made, and upon the hearing of any charges, as\nhereinafter provided, all charges shall be considered traversed, and put in\nissue, and the trial shall be confined to matters related to the issue so\npresented.\n(f) All charges against members of the police or fire departments shall be filed\nwith the clerk of the leg islative body. Within ten (10) days after filing, the\nlegislative body shall proceed to hear and examine the charges unless\notherwise agreed by the legislative body and the member charged; provided\nfive (5) days before the hearing the member has been serve d with a copy of\nthe charges, and a statement of the day, place, and hour at which and when the\nhearing of the charges shall begin.\n(g) The member accused may waive service of the charges in writing, and\ndemand trial within ten (10) days after the charges are filed with the clerk of\nthe legislative body.\n(h) The legislative body shall have the power to summon and compel the\nattendance of witnesses at all hearings or sittings by the body, upon subpoena\nissued by the clerk of the body, and served upon the wit nesses by any officer\nauthorized to serve subpoenas from any court of justice in the county. If any\nwitness fails to appear in response to a summons or refuses to testify\nconcerning any matter on which he or she may lawfully be interrogated, any\nDistrict J udge, on application of the commission, may compel obedience by\nproceedings for contempt as in the case of disobedience of a subpoena issued\nfrom the District Court.\n(i) The member accused shall have the right to have subpoenaed, on his or her\nbehalf, any witness he or she may desire, upon furnishing their names to the\nclerk of the body, and the action and decision of the body on the charges shall\nbe reduced to writing and shall be entered in a book to be kept for that purpose\nby the clerk of the legislative body, and the written charges filed in this matter\nshall be preserved and securely attached to the book containing the legislative\nbody's decisions.\n(2) (a) In cases where the mayor or chief has probable cause to believe that a member\nof the police or fi re department has been guilty of any conduct justifying\nremoval or punishment, he or she may suspend the member from duty, or\nfrom both pay and duty, pending trial, and the member shall not be placed on\nduty or allowed pay thereafter until the charges are heard by the legislative\nbody.\n(b) The body shall fix punishment against a member of the police or fire\ndepartments found guilty of any charge under KRS 95.761 to 95.784, by\nreprimand in writing or suspension for any length of time in their judgment,\nnot to exceed six (6) months, or by reducing the grade, if the accused be chief\nor other officer, or by combining any two (2) or more of the punishments, or\nby removal or dismissal from the service of any such member of the police or\nfire department.\n(c) No member of the police or fire department except as provided in KRS 95.761\nto 95.784 shall be reprimanded in writing, removed, suspended, or dismissed\nfrom the department until written charges have been made, or preferred\nagainst him, and a trial had as herein provided.\n(3) This section shall only apply to a member of the police department when the\nprovisions of KRS 15.520 do not apply.","path":["KRS Chapter 95"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53052","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:55Z","sha256":"d598a824745a53ff334c55cb914c34c3f43c94c5f0f46964df4ab214630d9485","source_id":"us-ky","stale":false,"prev":"us-ky/krs-95.764","next":"us-ky/krs-95.766"},"notice":"GroundRules: Original legal text. Not legal advice."}