Request By:
Hon. Paul Shapiro
City Attorney
P.O. Box 165
Benton, Kentucky 42025
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of September 9, 1982 in which you relate that the City of Benton, a city of the fourth class, has not adopted a civil service program for police as contained in KRS 95.761 through KRS 95.766. However, the city operated this department under the provisions of KRS 95.700 through KRS 95.750, which concern the appointment, term, bond requirements, duties, and discipline of its police officers. These sections, however, were repealed in 1980. Under the circumstances, you raise the following questions:
1. "What are the procedures and grounds for disciplining a police officer or the chief of police and what may that discipline consist of."
2. "What are the terms of office, if any, of members of the police department and the chief of police. "
3. What bonds, if any, are members of the police department or the chief of police required to post."
In response to your initial question, and assuming that the police department is not under any civil service program, including the state Law Enforcement Foundation Program Fund or KRS Chapter 90, police officers may be removed without cause and at the pleasure of the mayor under the terms of KRS 83A.130(9) as amended in 1982. The city can, of course, enact an ordinance under the terms of this statute that would prevent such removal except for cause, and also set up a procedure for the discipline of such officers. This can now be accomplished not only under the terms of this statute, but the home rule section of the Municipal Code, KRS 82.082. As a matter of fact, the city could, in its ordinance, utilize the procedure formerly found under KRS 95.765 for removing or reducing in grade such officers as well as their discipline and suspension.
In response to your second question, the repeal of KRS 95.700 and KRS 95.720 eliminated terms of office for members of the police department and the chief, and as a consequence they serve, as mentioned above, at the pleasure of the mayor or under the terms of some civil service program.
In response to your third question, the bond requirement section for members of the police department and the chief of police was repealed which means that none are required by statute. However, the city could in its ordinance establishing the police department require bond, of its members, particularly under its home rule authority referred to above.