As used in KRS 63.100 to 63.160, unless the context requires otherwise, "neglect of duty" includes the following things listed but does not exclude things not listed:
(1) The commission of a trespass or wrongful act in the performance of official duty;
(2) Accepting a bribe to neglect official duty;
(3) Gross neglect equivalent to fraud;
(4) Willful neglect and such forms of misfeasance or malfeasance as involve a failure in the performance of the duties required by law;
(5) Careless or intentional failure to exercise due diligence in the performance of official duty;
(6) Habitual drunkenness in office; or,
(7) Gross immorality or misconduct in office amounting to neglect of duty. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3766a-6.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 1957–2023 · leading case:
Buckler v. McRainis (E.D. Ky. 2023).
Buckler v. McRainis (E.D. Ky. 2023).
· cites it 4× “Moreover, KRS §§ 63.090 and 63.100-63.160 set forth the procedures for removal of a peace officer guilty of neglect of duty and do not create a private cause of action.”
Cornett v. Chandler, 307 S.W.2d 918 (Ky. Ct. App. 1957).
“Neglect of duty under KRS 63.090 includes: “(1) The commission of a trespass or wrongful act in the performance of official duty, * * * (4) willful neglect and such forms of misfeasance or malfeasance as involve a failure in the performance of the duties required by law; (5)…”
Stuart v. Combs, 360 S.W.2d 144 (Ky. Ct. App. 1962).
· cites it 3× “His removal was based upon a finding that he was guilty of neglect of duty as defined in KRS 63.090. Specifically, the Governor found that “[t]he evidence is overwhelming * * * that there was flagrant and notorious viola *145 tion of the laws, especially the gambling laws, in…”
— Ky. Rev. Stat. § 63.090(5) — 1 case
Stuart v. Combs, 360 S.W.2d 144 (Ky. Ct. App. 1962).
“His removal was based upon a finding that he was guilty of neglect of duty as defined in KRS 63.090. Specifically, the Governor found that “[t]he evidence is overwhelming * * * that there was flagrant and notorious viola *145 tion of the laws, especially the gambling laws, in…”
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