Catchline at repeal: Police and fire departments -- Control -- Salaries.
History: Repealed 1980 Ky. Acts ch. 235, sec. 20, effective July 15, 1980. -- Amended
1978 Ky. Acts ch. 164, sec. 20. -- Amended 1974 Ky. Acts ch. 248, sec. 3. --
Amended 1956 Ky. Acts ch. 246, sec. 12, effective May 18, 1956. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3138-1,
3138-2, 3140, 3235dd-35, 3351a-1, 3351a-2.
Notes of Decisions
Rottinghaus v. Bd. of Commissioners, 603 S.W.2d 487 (Ky. Ct. App. 1979).
· cites it 6× “KRS 95.430 gives the legislative body of a second or third-class city the power to make rules governing operation of its police department as it deems necessary and expedient.”
Griffin v. City of Paducah, 382 S.W.2d 402 (Ky. Ct. App. 1964).
· cites it 4× “” KRS 95.430 vests in the city legislative body the control of the police and fire departments, as well as control of the property and equipment of such agencies, in all cities of the second (and third) class.”
City of Newport v. Gugel, 342 S.W.2d 517 (Ky. Ct. App. 1960).
“610) and since the police and fire department statute (KRS 95.430) *520 provided that the city legislative body should, fix “by ordinance” the salaries of policemen and firemen, the Court concluded that the voters could adopt a salary ordinance by initiative.”
Beckham v. City of Bowling Green, 743 S.W.2d 858 (Ky. Ct. App. 1987).
“Subsection (5) of *861 KRS 95.430, prior to repeal, merely read, “[t]he legislative body shall, by ordinance, fix the salaries of the members of the police and fire departments_” The fixing of city salaries (possibly all city salaries) is now controlled by KRS 83A.”
Schrichte v. Bornhorn, 376 S.W.2d 683 (Ky. Ct. App. 1964).
· cites it 3× “Control of the police department of a second or third class city, including the appointment and “grading” of personnel, is vested by KRS 95.430 in its legislative body. The title or denomination of “detective” is recognized (for whatever significance that may have) by the…”
City of Middlesborough v. Grubbs, 363 S.W.2d 95 (Ky. Ct. App. 1962).
“Considering now the matter of rank, it is true that KRS 95.430 authorizes the city legislative body to “grade” the officers of the police department, KRS 95.”
Hopwood v. City of Paducah, 424 S.W.2d 134 (Ky. Ct. App. 1968).
· cites it 2× “§§ 1, 2 and 19 and conflicts with various sections of KRS Chapter 95 beginning with KRS 95.430. The constitutional objections are that the ordinance deprives the members of the police department of the rights to enjoy life and liberty and to acquire and protect property (Const.”
City of Middlesboro v. Welch, 275 S.W.2d 56 (Ky. Ct. App. 1955).
“as provided by KRS 90.300(2). Nor, indeed, was any ordinance in relation to civil service proved.”
Buckner v. Quisenberry, 198 S.W.2d 211 (Ky. Ct. App. 1946).
· cites it 2× “• Section 95.430 and the following sections have to do with the setting up of police and fire departments under *571 civil service in cities of the second and third classes.”
City of Middlesboro v. Harrell, 268 S.W.2d 430 (Ky. Ct. App. 1954).
“KRS 95.430 declares both generally and specifically that the legislative body of a city of the second or third class shall have control of the police and fire departments (with an- exception in subsection 6 'not material here), and subsequent sections deal- with the…”
Ky. Rev. Stat. § 95.430(1): 1 case
Ky. Rev. Stat. § 95.430(2): 2 cases
Rottinghaus v. Bd. of Commissioners, 603 S.W.2d 487 (Ky. Ct. App. 1979).
“KRS 95.430 gives the legislative body of a second or third-class city the power to make rules governing operation of its police department as it deems necessary and expedient.”
Hopwood v. City of Paducah, 424 S.W.2d 134 (Ky. Ct. App. 1968).
“§§ 1, 2 and 19 and conflicts with various sections of KRS Chapter 95 beginning with KRS 95.430. The constitutional objections are that the ordinance deprives the members of the police department of the rights to enjoy life and liberty and to acquire and protect property (Const.”
Ky. Rev. Stat. § 95.430(4): 1 case
Schrichte v. Bornhorn, 376 S.W.2d 683 (Ky. Ct. App. 1964).
“Control of the police department of a second or third class city, including the appointment and “grading” of personnel, is vested by KRS 95.430 in its legislative body. The title or denomination of “detective” is recognized (for whatever significance that may have) by the…”
Ky. Rev. Stat. § 95.430(6): 1 case
Griffin v. City of Paducah, 382 S.W.2d 402 (Ky. Ct. App. 1964).
“” KRS 95.430 vests in the city legislative body the control of the police and fire departments, as well as control of the property and equipment of such agencies, in all cities of the second (and third) class.”
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