Request By:
Mr. Ernest Carl, Jr.
Chief
Woodford County Police Department
Courthouse
Versailles, Kentucky 40383
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You have questions about the Woodford County Police System.
Question No. 1:
"What to go through to fire a police officer, for the neglect of duty, etc."
All members of the county police force are appointed by the county judge/executive and shall serve a term of one (1) year, unless sooner removed by the county judge/executive for neglect of duty or improper conduct.
Where neglect of duty or improper conduct is charged, the charge should be reduced to writing and delivered to the policeman affected. Then the county judge/executive should hold a hearing with witnesses. The county attorney for the county and the affected policeman's attorney may be present. The county judge/executive, upon the hearing, may, if he thinks the evidence justifies, remove the policeman from office. We assume the affected policeman's one year has not run out. The hearing will afford due process. The county judge/executive cannot remove him arbitrarily. See § 2, Kentucky Constitution. See KRS 70.540 and
Pritchett v. Marshall, Ky., 375 S.W.2d 253 (1963).
Question No. 2:
"If the chief of police is backed up by the county judge/executive can he legally fire his own personnel?"
The answer is "no". A county policeman can be removed only under the procedure outlined above.
Question No. 3:
"Are the rules and regulations set by the chief legal?"
Rules and regulations to govern the county police force must be promulgated by the county judge/executive pursuant to KRS 70.540, which provides in part that the county judge/executive has the power, jurisdiction and authority to "establish, appoint and maintain" a county police force . . ." Implicit in this express power is the implied power to take such action necessary to maintain such force. An implied power would be providing reasonable rules and regulations governing that police force. The courts have established the rule that powers of officers are limited to those conferred expressly by statute or which exist by necessary and fair implication.