Kentucky Statutes 63.100 – Removal of peace officers for neglect — Charges — Notice
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(1) A peace officer guilty of neglect of duty shall be removed from office in the manner prescribed by KRS § 63.100 to KRS § 63.130.
(2) The Governor shall sign written charges setting forth the grounds for removal of the officer. The charges, when considered collectively, must be supported by the affidavit of at least two (2) witnesses, but it shall not be necessary to support each separate count or individual charge embraced in the charges by two (2) affidavits. The affidavits must be filed by the Governor as a part of the record in the proceedings. The charges need not possess the formalities and exactness of an indictment. The charges shall be recorded in the Executive Journal and an attested copy thereof shall be made by the Secretary of State, and served upon the officer sought to be removed. No response shall be filed to the charges, but they shall stand traversed of record.
(3) Notice must be given to the officer sought to be removed, stating the time and place of the hearing, and giving him at least twenty (20) days to prepare his defense.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 3766a-6, 3766a-7, 3766a-13.
(2) The Governor shall sign written charges setting forth the grounds for removal of the officer. The charges, when considered collectively, must be supported by the affidavit of at least two (2) witnesses, but it shall not be necessary to support each separate count or individual charge embraced in the charges by two (2) affidavits. The affidavits must be filed by the Governor as a part of the record in the proceedings. The charges need not possess the formalities and exactness of an indictment. The charges shall be recorded in the Executive Journal and an attested copy thereof shall be made by the Secretary of State, and served upon the officer sought to be removed. No response shall be filed to the charges, but they shall stand traversed of record.
Terms Used In Kentucky Statutes 63.100
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) Notice must be given to the officer sought to be removed, stating the time and place of the hearing, and giving him at least twenty (20) days to prepare his defense.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 3766a-6, 3766a-7, 3766a-13.