03RS HB109


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HB 109/LM (BR 431) - M. Marzian

     AN ACT relating to police merit boards in a consolidated local government.
     Amend KRS 67C.301 to remove "examiner" from the definition of Secretary and clarify definition of "officers"; amend KRS 67C.305 to expand the police merit board of a consolidated local government from 4 to 5 persons, clarify terms of office of board members, prohibit more than 3 board members from being of the same political party, permit only "officers" to elect those officers who serve on the merit board for disciplinary cases, and clarify types of officers who serve on the board; amend KRS 67C.307 to define quorum for nondisciplinary board actions; amend KRS 67C.309 to require approval of the mayor for the employment of a board secretary and clarify the duties of such office; amend 67C.313 to delete authority of chief to determine the fitness of an officer to serve; amend 67C.315 to require protection of seniority in grade for chief, assistant chief, or officers above the rank of captain if returning to a position with the same classification and rank held prior to their promotion; amend 67C.317 to clarify that officers may not be on duty or in uniform when participating in political activities and clarify prohibited actions relating to political activities; amend 67C.319 to clarify officers who are covered by act, include additional mental health exams as permissible for employment purposes, require approval of the mayor for the employment of a chief examiner, and clarify the duties of the position; require seniority to be considered for employment purposes; require test results to be confidential; establish notification and review process regarding exam results, and require board to justify not promoting candidates with higher evaluated ratings; amend 67C.321 to reduce from 60 to 30 the number of days officers may be removed or suspended; amend 67C.323 to provide appeal process for suspension of nonprobationary officers of less than 40 hours as prescribed; amend 67C.325 to delete language which would reinstate officer if hearing not given within 60 days of being charged; amend 67C.327 to limit the effectiveness of current promotional lists to 2 years from the date of the ordinance creating the police merit board.


     HCS/LM - Retain original language; delete provision that requires the secretary to conduct all examinations; clarify the role of "good behavior" relative to employment status; clarify the use of mental exams for employment or promotion purposes; restore original statutory language relating to the making of exam results available to the applicant upon written request; include demotion as a permissible disciplinary action of a non-probationary officer; require appeals to demotions, dismissals, or suspensions of 40 hours or more for non-probationary officers to be heard by the full board; clarify that promotional lists of the previously existing city and county shall remain in effect for up to two years; EMERGENCY.

     HCA (1/Title, M. Marzian) - Make title amendment; EMERGENCY.

     (Prefiled by the sponsor(s))

     Jan 7-introduced in House; to Local Government (H)
     Feb 5-posting waived
     Feb 6-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Feb 7-2nd reading, to Rules
     Feb 10-posted for passage in the Regular Orders of the Day for Tuesday, February 11, 2003
     Feb 11-3rd reading, passed 97-1 with Committee Substitute, committee amendment (1-title)
     Feb 12-received in Senate
     Feb 18-to State and Local Government (S)
     Feb 27-reported favorably, 1st reading, to Consent Calendar
     Feb 28-2nd reading, to Rules
     Mar 10-posted for passage in the Consent Orders of the Day for Tuesday, March 11, 2003
     Mar 11-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; 3rd reading, passed 36-0; received in House; enrolled, signed by each presiding officer; delivered to Governor
     Mar 18-signed by Governor (Acts ch. 118)

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