07RS HB201

HB201

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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.


HB 201/LM (BR 307) - R. Weston, J. Jenkins, T. Burch, L. Clark, R. Crimm, T. Firkins, M. Marzian, C. Miller, D. Owens, S. Riggs, J. Wayne

     AN ACT relating to fire department merit boards in a consolidated local government.
     Create new sections of KRS Chapter 67C to establish fire department merit boards in consolidated local governments (CLG); define terms; require a CLG to establish a fire department merit system and board as prescribed; exclude chief and assistant chief from oversight of board; require the CLG legislative council to annually appropriate funds for the board; provide for the appointment of a five-member merit board; establish criteria for qualification of members and provide for staggered four-year terms for members; require vacancies to be filled for unexpired terms only; permit removal of members for cause; prohibit members from serving in other public offices while serving; prohibit receipt of gifts, money, or things of value; prohibit more than three members from the same political party; require oath; provide for the election of fire department representatives to the board; require the board to meet within 30 days of creation and adopt operating procedures and by-laws; require only a majority of the quorum who are present to take action in nondisciplinary actions; require four members to be present to take action on disciplinary matters; require the board to meet at least every two months and for minutes of each meeting to be kept; require the board to employ secretary; require all orders and minutes to be signed by the chairman and all records and minutes to be subject to the Kentucky Open Records Law; require the mayor to certify within 30 days the prescribed fire department personnel information as of the date of the ordinance creating the board; qualify all current active duty fire department members, except probationary employees, to continue service without further exams or qualifications; require such members to be deemed permanent employees; require probationary members to complete a one-year probationary period which can be extended for an additional six months; provide for coverage of members affected by promotional probationary periods; exclude chiefs, assistant chiefs and others previously excluded from civil service from the oversight of the board; provide for a leave of absence from classified service for a member to accept a noncovered promotional position and for the return of such employee to the same classified service; prohibit members from receiving or soliciting for any political party or candidate for public office; prohibit any member from using personal influence or authority to secure appointments or promotions; prohibit employees from signing or promising to sign dated resignations in advance of an appointment or promotion; prohibit action against an employee for nonpayment to political purpose; prohibit exam questions relating to opinions, beliefs, affiliations, or services; prohibit members from being involved in or promoting political or religious controversies or prejudices while in uniform; establish protection of all members' rights; require the board to create rules and regulations for all covered personnel; require rules to be published, distributed, and posted within three days of adoption; require the employment of a chief examiner; require the chief to provide medical records of any disability of applicants for promotions; require 90-day prior notice of promotional exams; provide for the grading of promotional tests to include preference points for seniority as prescribed; provide for the availability and review of promotional eligibility lists, compilation of test results, and notification of applicants; provide for the filling of promotional vacancies from the five candidates with the highest score from the eligibility list; require the board to provide for justification of nonpromotions; require certified promotion lists to remain valid for two years and promotional vacancies to be filled within 60 days of the vacancy; provide that the action of the chief is valid, except in cases of dismissal, demotion, or suspension of more than 40 hours of a non-probational employees, which shall be reviewed and heard by the board; outline procedures for the board review and permit the board to set aside the action of the chief; permit suspensions of less than 40 hours for a non-probationary employee to be reviewed by the board or a hearing officer; require board rules to apply and submission of report, recommendations, and notice of findings from hearing officer; permit exceptions to the hearing officer's recommendations within 15 days; require all final orders of the board to be in writing and within 30 days of receipt of the hearing officers recommended order; permit appeal to the Circuit Court; grant the board the power to issue subpoenas; require the use of the Kentucky Rules of Civil Procedure; provide that existing promotional eligibility lists to remain in effect until their normal expiration date.

     Jan 5-introduced in House
     Feb 6-to Local Government (H)
     Feb 9-posted in committee
     Feb 13-reported favorably, 1st reading, to Calendar
     Feb 14-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 15, 2007
     Feb 16-3rd reading, passed 97-0
     Feb 20-received in Senate
     Feb 22-to State & Local Government (S)
     Mar 7-taken from committee; 1st reading; returned to State & Local Government (S)
     Mar 8-taken from committee; 2nd reading; returned to State & Local Government (S)

Vote History

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