KRS § 95.762 Examination and qualifications of applicants for police and fire departments -- Political discrimination forbidden -- Guarantee of tenure -- Decrease of personnel.
The section requires qualification exams for police and fire applicants, bars politically based appointments or discipline, gives qualifying members tenure during good behavior, lets the city legislative body adjust staffing, and allows probationary initial appointments up to 12 months.
95.762 Examination and qualifications of applicants for police and fire departments -- Political discrimination forbidden -- Guarantee of tenure -- Decrease of personnel. (1) The commission shall require all applicants for appointments as members of the police or fire departments to be examined as to their qualifications to fill the office of policeman or firefighter, and as to their knowledge of the English language, and as to the law and rules governing the duties of policemen and firefighters. Every member of the police or fire department shall be able to read and write and understand the English language, and have such other general qualifications as may be prescribed. (2) No person shall be appointed a member of the police or fire departments unless he is well known to be a person of sobriety and integrity, and has been and is an orderly, law-abiding citizen, nor shall any person be appointed as a member of said police or fire departments on account of any political, partisan service rendered by him or on account of political sentiments or affiliations. No member of the police or fire departments shall be removed or discharged or reduced in grade or pay for any political partisan opinion. The appointment and continuance upon the police and fire departments shall depend solely upon the ability and willingness of a person to comply with the rules of the said departments and to perform the duties of said departments. No appointment to or continuance as a member of a police or fire department shall be as a reward for political activity nor be obtained by political services or contributions to campaign funds. (3) The examination and qualifications provided for in this section shall not apply to the members of the regular police and fire departments at this time, who have been continuously in the service for a period of three (3) years. (4) Members of police and fire departments otherwise qualified under this law shall hold their positions during good behavior, provided, however, that the provisions of KRS 95.761 to 95.784 shall not prevent the said city legislative body from increasing or decreasing the number of policemen or firefighters, as may be deemed proper from time to time, and provided further, that in the event the said city legislative body decreases the number of policemen or firefighters, the youngest member in point of service shall be the first to be reduced and returned to the eligible list and to advance according to the rules and regulations of said department. (5) The civil service commission may provide that appointments for initial permanent employment may be probationary appointments for a period of not more than twelve (12) months, after which probationary period regular appointments shall be given to all probationary employees who are deemed to be satisfactory by the respective appointing authority. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 191, sec. 7, effective July 14, 2022. -- Amended 2016 Ky. Acts ch. 31, sec. 17, effective July 15, 2016. -- Amended 2000 Ky. Acts ch. 95, sec. 1, effective July 14, 2000. -- Amended 1985 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 3, effective July 19, 1985. -- Amended 1978 Ky. Acts ch. 128, sec. 3, effective June 17, 1978; and ch. 164, sec. 34, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 159, sec. 2, effective March 29, 1976. -- Amended 1974 Ky. Acts ch. 289, sec. 2; and ch. 386, sec. 22. -- Created 1942 Ky. Acts ch. 9, sec. 3.