AN ACT relating to certified court security officers.

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AN ACT relating to certified court security officers. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 70.260 is amended to read as follows: 3
(1) The primary legislative body of each county may enact an ordinance creating a 4
deputy sheriff merit board, which shall be charged with the duty of holding 5
hearings, public and executive, in disciplinary matters concerning deputy sheriffs. 6
The primary legislative body may include certified court security officers 7
employed by the sheriff within the purview of the board. For the purpose of KRS 8
70.260 to 70.273, the primary legislative body of ea ch county that does not have an 9
urban-county, consolidated local government, or charter county government shall 10
be the fiscal court. 11
(2) The reasonable and necessary expenses of the board, including the funds necessary 12
to retain an attorney to advise the b oard on legal matters, shall be paid out of the 13
fees and commissions collected by the sheriff. If the fees and commissions are not 14
sufficient to pay the expenses of the board and the other expenses authorized by 15
statute to be paid from these fees and commi ssions, the sheriff may negotiate with 16
the primary legislative body to determine a method of paying all or part of the 17
expenses of the board. 18
(3) The board shall consist of five (5) members, two (2) members appointed by the 19
county judge/executive or the ch ief executive officer of an urban -county 20
government or the chief executive officer of a consolidated local government 21
pursuant to the provisions of KRS 67C.139 with approval by the primary legislative 22
body, two (2) members appointed by the county sheriff, and one (1) member 23
elected by the deputy sheriffs of the county. Each board appointee shall be at least 24
thirty (30) years of age and a resident of the county. No person shall serve on the 25
board who is a deputy sheriff or who holds any elected public office . No person 26
shall be appointed to the board who is a member of the immediate family of the 27
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sheriff of the county served by the board. The members of the board shall not 1
receive a salary but shall receive reimbursement for necessary expenses. 2
(4) All appointments shall be for two (2) years, and any vacancies shall be filled by the 3
sheriff or county judge/executive, or the chief executive officer of an urban -county 4
government or consolidated local government responsible for the appointment of 5
the departing board member. 6
(5) The board shall elect a chairman from its membership and keep an accurate record 7
of its proceedings. 8
(6) The board shall meet when a disciplinary matter concerning a deputy sheriff or 9
certified court security officer is brought to its attention or at other times at the 10
discretion of the board, upon notification of its members. 11
(7) Three (3) members shall constitute a quorum in all matters which may come before 12
the board. 13
(8) For the purpose of this section, "member of the immediate family" means a person's 14
father, mother, brother, sister, spouse, son, daughter, aunt, uncle, son -in-law, or 15
daughter-in-law. 16
(9) An ordinance, adopted under subsection (1) of this section by a county or 17
consolidated local government, may exclude deputy sheriffs and certified court 18
security officers who serve in policy -making or confidential positions from 19
coverage by the merit syste m. If the ordinance makes this exclusion, a deputy 20
sheriff or certified court security officer who is covered by the merit system and 21
who accepts an appointment in a policy -making or confidential position shall be 22
deemed to have received a leave of absence from the merit system during the 23
incumbency of that position. If he or she ceases to serve in a policy -making or 24
confidential position but continues to serve as a deputy sheriff or certified court 25
security officer, he or she shall be restored to coverage at the same classification 26
and rank that he or she held prior to his or her policy-making position under the 27
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merit system. A deputy sheriff or certified court security officer who is not 1
covered by the merit system at the time he or she is appointed to a policy-making or 2
confidential position shall be deemed not to be part of the merit system and shall 3
not be included in the merit system when he or she ceases to serve in that position. 4
Section 2. KRS 70.261 is amended to read as follows: 5
(1) When a county creates a deputy sheriff merit board, the board shall issue, and 6
publish within forty -eight (48) hours after their adoption, rules that are not 7
inconsistent with the provisions of KRS 70.260 to 70.273. The board shall provide a 8
certified copy of the rules to: 9
(a) The sheriff of the county who shall additionally post a copy in a conspicuous 10
place in the main office and in any branch offices where deputy sheriffs and 11
certified court security officers [deputies] are regularly assigned to work 12
from; 13
(b) The county judge/executive of the county; and 14
(c) The legislative body of the county. 15
(2) The board shall, at a minimum, adopt a body of rules that addresses the following 16
subjects: 17
(a) For deputy sheriffs and certified court security officers: 18
1. Qualifications for initial and continued employment, which shall at a 19
minimum include: citizenship, age, physical, mental, and educational 20
requirements; 21
2. Grounds for temporary appointments; 22
3. Advancement requirements. Deputy sheriffs and certified court security 23
officers shall be employed for at least three (3) full years before being 24
eligible for the rank of sergeant; 25
4. Factors that shall, or may, result in demotion, the procedures for 26
determining whether or not to demote a deputy sheriff or certified court 27
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security officer, and the procedures for executing a demotion; 1
5. Factors that shall, or may, result in fining, probation, suspension, or 2
removal; and 3
6. Administrative procedures for the deputy sheriffs and certified court 4
security officers [deputies] in the office such as transfer, lay -off, and 5
reinstatement. 6
(b) For the general administration of the board itself: 7
1. Organizational structure and conduct of meetings; 8
2. Procedure and conduct of public hearings as a result of the boa rd's 9
actions; and 10
3. Implementation and execution of written and oral examinations, and 11
physical tests of fitness for appointment and promotion of deputies. 12
(3) The subsequent issuance of additional rules, or of the repeal or amendment of 13
existing rules shall follow the provisions indicated in subsection (1) of this section. 14
Section 3. KRS 70.262 is amended to read as follows: 15
(1) Except as provided in KRS 336.130, in any county containing a consolidated local 16
government or city of the first class that has adopted a merit system under KRS 17
70.260 to 70.273, deputy sheriffs and certified court security officers [deputies] 18
subject to the merit system may organize, form, join, or participate in organizations 19
in order to engage in lawful concerted activities for the purpose of collective 20
bargaining or other mutual aid and protection, and to bargain collectively through a 21
representative of their own free choice. deputy sheriffs and certified court security 22
officers[Deputies] shall also have the right to refrain from any or all of these 23
activities but shall be subject to the lawful provisions of any collective bargaining 24
agreement entered into under this section. Strikes by deputy sheriffs and certified 25
court security officers [deputies] of any collective bargaining unit shall be 26
prohibited at any time. 27
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(2) Except as provided in KRS 336.130, in any county containing a consolidated local 1
government or city of the first class that has adopted a merit system under KRS 2
70.260 to 70.273, t he sheriff shall contract with a representative of the deputy 3
sheriffs and certified court security officers [deputies] described in subsection (1) 4
of this section employed by the sheriff where the representative has established 5
representation of a majority of the deputy sheriffs and certified court security 6
officers,[deputies,] with respect to wages, hours, and terms and conditions of 7
employment, including execution of a written contract incorporating any agreement 8
reached between the sheriff and the representative. The sheriff shall not be required 9
to bargain over matters of inherent managerial policy. 10
Section 4. KRS 70.263 is amended to read as follows: 11
(1) Each person serving as a covered deputy sheriff on the effective date of an 12
ordinance that creates a deputy sheriff merit board for the county in which he or she 13
serves sha ll have successfully completed, within one (1) year following the 14
effective date of that ordinance, a basic training course as established by KRS 15
15.440 at a school certified or recognized by the Kentucky Law Enforcement 16
Council. Training approved by the K entucky Law Enforcement Council received 17
before the effective date of the ordinance may be used to satisfy all or part of this 18
requirement. 19
(2) Each person appointed as a covered deputy sheriff in a county that has adopted a 20
deputy sheriff merit board befo re the date of his or her appointment shall have 21
successfully completed, within one (1) year following the appointment, a basic 22
training course as established by KRS 15.440 at a school certified or recognized by 23
the Kentucky Law Enforcement Council. Traini ng approved by the Kentucky Law 24
Enforcement Council received before the effective date of the ordinance may be 25
used to satisfy all or part of this requirement. 26
(3) A deputy sheriff whose official duty is to provide security service to the courts, and 27
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who i s compensated pursuant to KRS 64.092, shall, the provisions of subsections 1
(1) and (2) of this section notwithstanding, satisfy the training requirements for 2
employment if he or she completes law enforcement training which the 3
Administrative Office of the Courts certifies to the sheriff as acceptable. If the 4
training was not received prior to the effective date of the ordinance creating the 5
deputy sheriff merit board, in the case of a deputy sheriff serving when the 6
ordinance was passed, or prior to appoint ment in the case of a deputy sheriff 7
appointed after the effective date of the ordinance, then it shall be received within 8
one (1) year following the effective date of the ordinance or the date of 9
appointment, as the case may be. 10
(4) A person serving as a court security officer who is not otherwise covered under 11
subsection (3) of this section shall within one (1) year of employment, or one (1) 12
year following the effective date of an ordinance that creates a deputy sheriff 13
merit board for the county in which he or she serves, complete the basic training 14
requirements under KRS 15.3975. 15
(5) A person failing to meet the requirements of this section shall forfeit his or her 16
position as deputy sheriff or certified court security officer immediately upon the 17
expiration of the applicable one (1) year time limit. 18
Section 5. KRS 70.267 is amended to read as follows: 19
(1) A[No] deputy sheriff or certified court security officer covered by the provisions of 20
KRS 70.260 to 70.273 shall not directly or indirectly solicit, receive, or be in any 21
manner concerned in receiving, soliciting, or publicizing any assessment, gift, 22
subscription, or contribution to or for any political party or candidate for public 23
office. 24
(2) A[No] deputy sheriff or certified court security officer covered by the provisions of 25
KRS 70.260 to 70.273 shall not be suspended, laid -off, demoted, promoted, 26
disciplined, threatened, or in any way changed in duty or compensation for 27
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withholding or neglecting to pay or make contributions of any sort, either in money, 1
goods, services, or anything of value for any political purpose. Nothing in this 2
subsection shall limit the power of a sheriff to revoke the appointment of a deputy 3
sheriff or certified court security officer during the probationary period described 4
in subsection (5) of this section. 5
(3) A[No] deputy sheriff or certified court security officer covered by the provisions of 6
KRS 70.260 to 70.273 shall not be a candidate for any public office. Any person 7
who violates this subsection shall forfeit his or her position as deputy sheriff or 8
certified court security officer. 9
(4) Nothing contained in this section shall be construed to abridge the rights of any 10
deputy sheriff or certified court security officer with respect to hi s or her personal 11
opinions, beliefs, or right to vote. 12
(5) A deputy sheriff's or certified court security officer's employment shall be 13
probationary during the first year of service following an initial appointment or a 14
promotional appointment. A sheriff m ay, at his or her pleasure, revoke the 15
appointment of a deputy sheriff or certified court security officer who works for 16
him or her at any time within one (1) year following the appointment. 17
Section 6. KRS 70.270 is amended to read as follows: 18
(1) Any deputy sheriff or certified court security officer may be removed, suspended, 19
or laid -off by the sheriff for any cause which will promote the efficiency of the 20
department. Except when an appointment is revoked during the probationary period 21
described in KRS 70.267(5), the sheriff shall furnish a covered deputy sheriff or 22
certified court security officer with a written statement of the reason why the action 23
was taken. 24
(2) Except for the revocation of an a ppointment pursuant to KRS 70.267(5), every 25
action in the nature of a dismissal, suspension, or reduction made by the sheriff 26
shall be subject to review by the board at the request of any deputy sheriff or 27
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certified court security officer affected by the provisions of KRS 70.260 to 70.273. 1
(3) Any citizen who makes written charges of misconduct, under oath, concerning the 2
actions of any deputy sheriff or certified court security officer covered by the 3
provisions of KRS 70.260 to 70.273 shall present the cha rges to the sheriff, who 4
shall investigate the charges. The sheriff shall determine what action, if any, shall 5
be taken against the deputy sheriff or certified court security officer , subject to the 6
limitations set out in KRS 70.260 to 70.273. The citizen may appeal the 7
determination of the sheriff to the board. 8
Section 7. KRS 70.273 is amended to read as follows: 9
(1) The board may remove, suspend, lay off or discipline any deputy sheriff or certified 10
court security offic er covered by the provisions of KRS 70.260 to 70.273 on 11
written charges of misconduct preferred on its own initiative or the initiative of any 12
citizen, but only after reasonable notice to the accused and after a complete public 13
hearing at which the deputy sheriff or certified court security officer accused shall 14
have the right to be present, represented by counsel, and confronted by all of the 15
witnesses preferring charges against him or her. 16
(2) Procedural due process shall be afforded to all deputy sheriff s and certified court 17
security officers by the board. The board shall notify the deputy sheriff or certified 18
court security officer promptly and in writing of any charges brought against him 19
or her by the board or by a citizen. The board shall have the pow er to issue 20
subpoenas and to compel the attendance of witnesses, and shall conduct the hearing, 21
as far as possible, within the Kentucky Rules of Civil Procedure. Any deputy 22
sheriff or certified court security officer who is not given a hearing within sixty 23
(60) days of any charge being preferred shall be reinstated in full. 24
(3) After a full public hearing by the board, the board shall retire into executive session 25
to discuss the evidence introduced at the hearing and to make its determination and 26
conclusion. The board in executive session shall not receive any further evidence or 27
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communication from any source, except for legal advice from the board's counsel, 1
prior to reaching its determination and conclusion. 2
(4) When an appointment is revoked during the pr obationary period described in KRS 3
70.267(5), the action of the sheriff shall be final. In all other disciplinary matters, 4
the action of the sheriff or the board shall be final, except that any aggrieved person 5
may, within thirty (30) days after the decisi on is rendered, appeal to the Circuit 6
Court of the county in which the board meets. The board shall be named as 7
respondent, and the county attorney shall represent the board before the court. The 8
appeal taken to the Circuit Court shall be a review of record by the court. 9
(5) The provisions of KRS 70.260 to 70.273 shall not apply to any nonsworn employee 10
appointed by the sheriff pursuant to KRS 70.030, to any special deputy appointed 11
by the sheriff pursuant to KRS 70.045, or to a deputy sheriff or certified court 12
security officer in a policy-making or confidential position excluded from coverage 13
by the ordinance creating the deputy sheriff merit board. 14