KLC letter: Police dept. restructuring did not violate officers’ rights
By JIM BROOKS
Nelson County Gazette / WBRT Radio
KLC May 2, 2016 letter. Click to enlarge.
Monday, May 2, 2016, 9 p.m. — Bardstown Mayor John Royalty’s restructuring of the Bardstown Police Department did not violate KRS 15.520, otherwise known as “The Police Officer’s Bill of Rights.”
That sums up the content of a May 2 letter written by James D. Chaney, an attorney and the deputy executive director of the Kentucky League of Cities, in response to a query by City Attorney Tim Butler.
Chaney’s letter states that the mayor’s actions did not violate KRS 15.520 because the action he took — including the demotions — were not related to alleged violations of the officer’s duties in their capacity as police officers.
According to Chaney’s letter, personnel decisions related to the restructuring would not trigger KRS 15.520 if they “were not influenced in any way by a citizen complaint or based upon any officers violation of internal law enforcement policies or procedures.”
The letter goes on to not that the KLC’s opinion makes the assumption that ” the facts provided by the requesting city official are complete and accurate.”
CHANGES TO KRS 15.520. In 2015, the Kentucky General Assembly amended KRS 15.520 in order to narrow its application to specifically exclude general employment policies. HB 333 was the result of an earlier 4-3 Kentucky Supreme Court ruling that expanded KRS 15.520 to also apply to internal employment matters involving officers, including general employment policies.
The KLC worked with the state Fraternal Order of Police to reach a compromise on HB 333, which was sponsored by Rep. Denny Butler of Louisville.
The change narrowed KRS 15.520 so it applies only to an officer’s actions in his or her capacity as a police officer. The change allows for disciplinary action of police officers for violations of “general employment policies” without invoking KRS 15.520
According to KRS, “general employment policies” is defined to mean “the rules, regulations, policies, and procedures commonly applicable to the general workforce” and are not unique to law enforcement activities.
While Royalty has not offered specifics about any possible misconduct by any officers affected by the restructuring, he has alluded several times to time sheet issues that needed to be addressed within the department as a whole.
WARNING TO COUNCIL. Chaney’s letter also warned the council that if it decides to launch an investigation, it must be careful not to violate KRS 15.520 by its own actions.
The letter acknowledges the council’s right under state law to investigate the operation of city government, but cautions that setting itself up to determine if the city violated 15.520 “could potentially expose the city government to liability in any private action taken by an impacted officer … the proposed action by the council could impact all the cities of Kentucky if there is an adverse finding in appellate courts because of the council’s conclusion/admission that there was a violation of KRS 15.520.”
Based on the information he had, Cheney called it “highly unlikely” that the council will sustain a finding of misconduct based on the questions of KRS 15.520 applying to the police department reorganization.
He noted that it was not the letter’s intent to take sides on this issue. The KLC’s mission is “to support the ability of local officials to make policy decision,” and that its objective is equip local officials with information on which to make good decisions.
NEXT UP. The Bardstown City Council will hold a special meeting at 6 p.m. Tuesday to consider an investigation of the mayor’s actions, and if so, how the council will fund it. The special meeting will follow the council’s working session at 5 p.m.
-30-
