02RS HB852


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HB 852/LM (BR 2502) - M. Marzian

     AN ACT relating to police merit boards in a consolidated local government.
     Create new sections of KRS Chapter 67C to require the creation by ordinance of a consolidated local government police merit system and merit board as prescribed, and require legislative council to annually appropriate funds for reasonable board expenses; include definitions; require mayor, with approval of the legislative council to appoint merit board members as prescribed, set qualification of members, establish staggered terms for board members, establish removal process for board members and filling of vacancies, establish conflict of interest and ethics standards, require oath of office for board members, and require election of 2 patrol officers to serve on the board in disciplinary matters; establish board operational procedures as prescribed; establish meeting requirements, require the employment of a secretary with duties as prescribed, and require compliance with open records laws; require mayor to certify personnel information to board as prescribed; require all officers on duty as of the date of the creation of the board to be deemed fit to continue to serve without further examination unless certified otherwise by the chief; deem specified personnel to be permanent employees subject to ability to perform duties and good behavior; require probationary employees to serve from 1 to 11/2 years as prescribed; prohibit officers serving promotional probationary periods from being excluded from the merit system during such periods; exclude chiefs, assistant chiefs, and officers above the rank of captain from the appointment provisions of the act and exclude such officers from merit protections; permit officers who were originally under the merit system who serve as chief, assistant chief, or officer above the rank of captain to return to classified service as prescribed, upon leaving the noncovered position, and prohibit non-covered officers who serve as chiefs, assistant chiefs, or officers above the rank of captain from being placed in classified service unless they go through the regular appointment process; prohibit solicitation or receipt of gifts or contributions for political parties or candidates; prohibit use of personal or political influence for advancement or employment as prescribed; prohibit board from soliciting political or religious information on exams as prescribed, prohibit officers from fostering or promoting political or religious controversies or prejudices while in uniform, and protect the individual rights of an officer with respect to personal opinions, beliefs and right to vote; require board to establish rules and notice requirements for all personnel matters as prescribed; require board to give notice of rules as prescribed; require patrol officers to have 5 years of service before being eligible for promotion to sergeant; require board to employ a chief examiner and set out duties and responsibilities; permit the chief of police to certify to the contrary the ability of an officer to qualify for promotion; permit an applicant to file written challenge to exam scores as prescribed; outline the procedure for the chief of police to fill promotional vacancies, permit the board to promote officers as prescribed, and require promotional vacancies to be filled within 60 days; outline procedure for the removal, suspension, lay off, or reduction in grade of an officer by the chief for cause that promotes the efficiency of the service, upon written notice, permit trial and examination of witnesses in such cases at discretion of the chief, require chief to provide notice of such actions to the board; require chief to investigate all written and sworn charges of misconduct made by a citizen against an officer, permit the chief to take necessary disciplinary actions, and permit a citizen to appeal the action of the chief to the board; require all actions of the chief regarding dismissal, suspension, or reduction to be subject to board review which shall include notice and a public hearing at an officer's request as prescribed; permit the board to set aside disciplinary action of the chief and take its own action but not permit action in excess of original penalty; prohibit officer from being removed or dismissed except as provided; require action of the board to be final unless an appeal is filed within 30 days to the Circuit Court, subject to appeal to the Court of Appeals as prescribed; require procedural due process to be extended to any officer brought before the board, provide that due process includes a prompt hearing, the right to face accusers, and the right to the presentation of evidence, permit board to issue subpoenas and compel witnesses as prescribed, and require hearings within 60 days of an officer being charged or permit the officer to be reinstated in full.


     SFA (1, D. Karem) - Amend to increase board membership to 6 persons; allow no more than 3 members of the board to belong to the same party.

     Mar 4-introduced in House
     Mar 5-to Local Government (H)
     Mar 11-posted in committee
     Mar 14-reported favorably, 1st reading, to Calendar
     Mar 15-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, March 18, 2002
     Mar 19-3rd reading, passed 95-1
     Mar 20-received in Senate
     Mar 25-to State and Local Government (S)
     Mar 26-reported favorably, 1st reading, to Consent Calendar; floor amendment (1) filed
     Mar 27-2nd reading, to Rules
     Mar 28-posted for passage in the Consent Orders of the Day for Thursday, March 28, 2002; taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
     Mar 29-3rd reading; floor amendment (1) withdrawn ; passed 36-0; received in House
     Apr 1-enrolled, signed by each presiding officer; delivered to Governor
     Apr 12-signed by Governor (Acts ch. 339)

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