Request By:
Mr. William A. May, Jr.
4414 Hunsinger Lane
Louisville, Kentucky 40220
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of May 12 in which you relate that you are employed part-time as a police officer in a city of the fourth class. Four of the police officers are full-time officers receiving state supplemental pay. Recently one full-time and one part-time officer faced departmental charges brought by certain citizens and both were given a hearing; however, the city has changed its policy to the extent that part-time officers are now excluded from the protection of a hearing. The question you raise is whether or not part-time officers working in a police department receiving state funds, are entitled to a hearing the same as full-time officers.
Our response to your question would be in the negative. We assume that you are referring to the law enforcement foundation fund which provides financial assistance to supplement salaries of local police officers pursuant to KRS 15.410 to 15.510. Under this act and particularly KRS 15.420, police officers are defined to mean "full-time" members of the local police department. Also under the foundation program act part of the police officer's salary is paid from state funds when such officer qualifies for participation in the program. See KRS 15.440, 15.460 and 15.470. Further, where complaints are filed against police officers coming under the foundation program as provided in KRS 15.520 [which requires a hearing with respect to such charges] subsection (4) of this statute specifically provides that said statute shall apply only to police officers of local units of government who receive supplemental pay from the foundation program.
Since part-time police officers do not qualify for supplemental funds under the state law enforcement program, they would not be entitled to the hearing protection afforded by the act under KRS 15.520.