Kentucky Revised Statutes

Ky. Rev. Stat. § 70.260 (2026)

Option for county to create deputy sheriff merit board -- Expenses --

✓ current as of May 2026

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Membership -- Meetings -- Exclusion of certain deputy sheriffs who serve in policy-making positions. (1) The primary legislative body of each county may enact an ordinance creating a deputy sheriff merit board, which shall be charged with the duty of holding hearings, public and executive, in disciplinary matters concerning deputy sheriffs. For the purpose of KRS 70.260 to 70.273, the primary legislative body of each county that does not have an urban-county, consolidated local government, or charter county government shall be the fiscal court. (2) The reasonable and necessary expenses of the board, including the funds necessary to retain an attorney to advise the board on legal matters, shall be paid out of the fees and commissions collected by the sheriff. If the fees and commissions are not sufficient to pay the expenses of the board and the other expenses authorized by statute to be paid from these fees and commissions, the sheriff may negotiate with the primary legislative body to determine a method of paying all or part of the expenses of the board. (3) The board shall consist of five (5) members, two (2) members appointed by the county judge/executive or the chief executive officer of an urban-county government or the chief executive officer of a consolidated local government pursuant to the provisions of KRS 67C.139 with approval by the primary legislative body, two (2) members appointed by the county sheriff, and one (1) member elected by the deputy sheriffs of the county. Each board appointee shall be at least thirty (30) years of age and a resident of the county. No person shall serve on the board who is a deputy sheriff or who holds any elected public office. No person shall be appointed to the board who is a member of the immediate family of the sheriff of the county served by the board. The members of the board shall not receive a salary but shall receive reimbursement for necessary expenses. (4) All appointments shall be for two (2) years, and any vacancies shall be filled by the sheriff or county judge/executive, or the chief executive officer of an urban-county government or consolidated local government responsible for the appointment of the departing board member. (5) The board shall elect a chairman from its membership and keep an accurate record of its proceedings. (6) The board shall meet when a disciplinary matter concerning a deputy sheriff is brought to its attention or at other times at the discretion of the board, upon notification of its members. (7) Three (3) members shall constitute a quorum in all matters which may come before the board. (8) For the purpose of this section, "member of the immediate family" means a person's father, mother, brother, sister, spouse, son, daughter, aunt, uncle, son-in-law, or daughter-in-law. (9) An ordinance, adopted under subsection (1) of this section by a county or consolidated local government, may exclude deputy sheriffs who serve in policy- making or confidential positions from coverage by the merit system. If the ordinance makes this exclusion, a deputy sheriff who is covered by the merit system and who accepts an appointment in a policy-making or confidential position shall be deemed to have received a leave of absence from the merit system during the incumbency of that position. If he ceases to serve in a policy-making or confidential position but continues to serve as a deputy, he shall be restored to coverage at the same classification and rank that he held prior to his policy-making position under the merit system. A deputy who is not covered by the merit system at the time he is appointed to a policy-making or confidential position shall be deemed not to be part of the merit system and shall not be included in the merit system when he ceases to serve in that position. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 68, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 334, sec. 1, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 104, sec. 2, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 438, sec. 1, effective July 14, 1992.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2002–2021 · leading case: McClure v. Augustus, 85 S.W.3d 584 (Ky. 2002).

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McClure v. Augustus, 85 S.W.3d 584 (Ky. 2002). · cites it 6× “In this case we address the issue of whether the scheme for terminating the employment of deputy sheriffs established in the Deputy-Sheriff Merit Board statutes, KRS 70.260 et seq., is an unconstitutional violation of the separation of powers doctrine.”

Pearce v. Univ. of Louisville ex rel. Bd. of Trs., 448 S.W.3d 746 (Ky. 2014). · cites it 2× “KRS 70.260. . KRS 70.270(1). . KRS 70.270(2).”

Cherry v. Augustus, 245 S.W.3d 766 (Ky. Ct. App. 2006). · cites it 2× “On April 18, 1997, the circuit court set aside the Board’s order and reinstated Cherry’s termination on the grounds that the Board’s enabling legislation, KRS 70.260 through 70.273, was unconstitutionally vague, overly broad, and in violation of the Kentucky Constitution.”

Wheeler v. Ward (W.D. Ky. 2020). · cites it 10× “030(1), “[t]he sheriff may appoint his or her own deputies and may revoke the appointment at his or her pleasure, except where that revocation is prohibited by the provisions of KRS 70.260 to 70.273.” KRS 70.260 to 70.273 allow counties to create “deputy sheriff merit boards”…”

Cottrell v. Greenwell (W.D. Ky. 2021). · cites it 9× “520 was first enacted in 1980, while the specific due-process protections afforded to sheriffs’ deputies outlined throughout KRS 70.260 through 70.273 were first enacted in 1992 and beyond.”

— Ky. Rev. Stat. § 70.260(1) — 2 cases

Pearce v. Univ. of Louisville ex rel. Bd. of Trs., 448 S.W.3d 746 (Ky. 2014). “KRS 70.260. . KRS 70.270(1). . KRS 70.270(2).”

McClure v. Augustus, 85 S.W.3d 584 (Ky. 2002). “In this case we address the issue of whether the scheme for terminating the employment of deputy sheriffs established in the Deputy-Sheriff Merit Board statutes, KRS 70.260 et seq., is an unconstitutional violation of the separation of powers doctrine.”

— Ky. Rev. Stat. § 70.260(3) — 1 case

— Ky. Rev. Stat. § 70.260(9) — 1 case

Cottrell v. Greenwell (W.D. Ky. 2021). “520 was first enacted in 1980, while the specific due-process protections afforded to sheriffs’ deputies outlined throughout KRS 70.260 through 70.273 were first enacted in 1992 and beyond.”

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