(1) A peace officer guilty of neglect of duty shall be removed from office in the manner prescribed by KRS 63.100 to 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.
Notes of Decisions
Cited in
3
cases, 1957–1972 · leading case:
Frederick v. Combs, 354 S.W.2d 506 (Ky. Ct. App. 1962).
Frederick v. Combs, 354 S.W.2d 506 (Ky. Ct. App. 1962).
· cites it 7× “Acting in accordance with KRS 63.100, Hon. Bert Combs, Governor of Kentucky, separately charged George Gugel and Leroy Frederick, Chief of Police and Chief of Detectives, respectively, of the City of Newport, with neglect of duty and appointed a special commissioner to hear the…”
Cornett v. Chandler, 307 S.W.2d 918 (Ky. Ct. App. 1957).
· cites it 2× “■On May 10, 1957, Governor Chandler issued an order under KRS 63.100 charging Sheriff Cornett with “neglect of duty” in assaulting Mr.”
Whitaker v. Commonwealth, 487 S.W.2d 901 (Ky. Ct. App. 1972).
· cites it 2× “After the guilty plea was entered and sentence was imposed, his counsel discovered that the Governor has authority under KRS 63.100, upon affidavits presented by at least two witnesses, to institute removal proceedings against a peace officer guilty of neglect of duty.”
— Ky. Rev. Stat. § 63.100(1) — 1 case
Cornett v. Chandler, 307 S.W.2d 918 (Ky. Ct. App. 1957).
“■On May 10, 1957, Governor Chandler issued an order under KRS 63.100 charging Sheriff Cornett with “neglect of duty” in assaulting Mr.”
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