county government -- Qualifications -- Examination -- Tenure --
Reinstatement.
(1) The legislative body of cities of the home rule class and urban-county governments
may require, in addition to the peace officer professional standards training under
KRS 15.380 to 15.404, all applicants for appointments as members of the police or
fire departments to be examined as to their qualifications for office, including their
knowledge of the English language and the law and rules governing the duties of
the position applied for.
(2) Each member of the police or fire department in cities and urban-county
governments shall be able to read, write, and understand the English language, and
have such other qualifications as may be prescribed. No person shall be appointed a
member of the police or fire department unless he or she is a person of sobriety and
integrity and is and has been an orderly, law-abiding citizen. No person convicted
of a felony is eligible for appointment.
(3) Members of the police and fire departments in cities required to comply with KRS
95.450 or urban-county governments qualified under this section shall hold their
positions during good behavior, except that the legislative body may decrease the
number of policemen or firefighters as it may deem proper.
(4) If the legislative body of a city required to comply with KRS 95.450 or urban-
county government decreases the number of policemen or firefighters, the youngest
members in point of service shall be the first to be released and returned to the
eligible list of the department, there to advance according to the rules of the
department.
(5) The legislative body in an urban-county government may by ordinance provide that
any person who has successfully completed his or her probationary period and
subsequently ceased working for the police or fire department for reasons other than
dismissal may be restored to the position, rank, and pay he or she formerly held or
to an equivalent or lower position, rank, or pay than that which he or she formerly
held if he or she so requests in writing to the appointing authority. Such person shall
be eligible for reinstatement only with the approval of the appointing authority.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 101, sec. 1, effective July 15, 2024. -- Amended
2014 Ky. Acts ch. 92, sec. 109, effective January 1, 2015. -- Amended 2013 Ky.
Acts ch. 68, sec. 1, effective June 25, 2013. -- Amended 1985 (1st Extra. Sess.) Ky.
Acts ch. 4, sec. 1, effective July 19, 1985. -- Amended 1980 Ky. Acts ch. 171, sec. 1,
effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 164, sec. 22, effective June
17, 1978; and ch. 177, sec. 2, effective June 17, 1978. -- Amended 1974 Ky. Acts ch.
248, sec. 5; and ch. 386, sec. 21. -- Amended 1966 Ky. Acts ch. 9, sec. 1; and ch.
168, sec. 1. -- Amended 1956 Ky. Acts ch. 246, sec. 13. -- Amended 1948 Ky. Acts
ch. 83, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. secs. 3138-1, 3138-3, 3141, 3235dd-35, 3351a-2.
Notes of Decisions
Bogard v. Commonwealth, 687 S.W.2d 533 (Ky. Ct. App. 1984).
· cites it 16× “The Boyle County District Court dismissed the charges based on the fact that Tolson was not a qualified voter in Boyle County wherein the City of Danville was contained and, therefore, did not qualify as policeman under KRS 95.440 and, therefore, was not qualified to issue…”
City of Ashland v. Ashland F.O.P. 3, Inc., 888 S.W.2d 667 (Ky. 1994).
“As a matter of legislative history, KRS 95.440 was amended in 1985 to delete the requirement of county residency which in effect would resurrect KRS 15.”
Rottinghaus v. Bd. of Commissioners, 603 S.W.2d 487 (Ky. Ct. App. 1979).
· cites it 2× “KRS 95.440 prescribes basic requirements for qualifications of personnel on the police force of a second or third-class city, including testing for reading and writing abilities.”
City of Middlesborough v. Grubbs, 363 S.W.2d 95 (Ky. Ct. App. 1962).
· cites it 7× “Prior to the adoption of the ordinance in question the city had been operating under previous ordinances, conforming with KRS 95.440 to 95.470, which provided for initial qualifying examinations for appointments to the police and fire departments and which prohibited discharge…”
Winchester v. City of Hopkinsville, 93 F. Supp. 3d 752 (W.D. Ky. 2015).
· cites it 2× “See KRS 95.440. In a Memorandum regarding Winchester’s background investigation, Sergeant Mayberry provided as follows: Detective Inman has completed the background investigation on William Winchester.”
Frederick v. Combs, 354 S.W.2d 506 (Ky. Ct. App. 1962).
“The first contention is that because the appellants held their respective offices subject to the provisions of KRS 95.440 et seq. the method of removal set forth in KRS 95.”
Mangrum v. City of Mayfield, 305 S.W.2d 312 (Ky. Ct. App. 1957).
· cites it 8× “The question to be decided is whether KRS 95.440, and the following related sections, apply mandatorily to cities of the third class, or whether Chapter 95 is an enabling act insofar as it relates to cities of the third class, to be accepted or ignored as their respective…”
Hopwood v. City of Paducah, 424 S.W.2d 134 (Ky. Ct. App. 1968).
· cites it 2× “Its police and firemen are under the civil service protection of KRS 95.440 et seq. KRS 95.495 limits the hours of work for policemen to eight hours per day for five days each week except in the event of emergency.”
City of Newport v. Schindler, 449 S.W.2d 17 (Ky. Ct. App. 1969).
· cites it 2× “Qualifications for members of the police *18 and fire departments of second-class cities are set out in KRS 95.440(2) as follows: “Each member of the police or fire department in cities of the second and third classes shall be a qualified voter in the county containing the city…”
Morgan v. City of Winchester, 411 S.W.2d 682 (Ky. Ct. App. 1967).
“2d 312 , wherein this court decided in 1957 that KRS 95.440 (1) afforded third-class cities an option to set up a civil service system for members of the police and fire departments, but recognized that the governing bodies of such cities retained plenary powers to discharge at…”
— Ky. Rev. Stat. § 95.440(1) — 1 case
Mangrum v. City of Mayfield, 305 S.W.2d 312 (Ky. Ct. App. 1957).
“The question to be decided is whether KRS 95.440, and the following related sections, apply mandatorily to cities of the third class, or whether Chapter 95 is an enabling act insofar as it relates to cities of the third class, to be accepted or ignored as their respective…”
— Ky. Rev. Stat. § 95.440(2) — 4 cases
Bogard v. Commonwealth, 687 S.W.2d 533 (Ky. Ct. App. 1984).
“The Boyle County District Court dismissed the charges based on the fact that Tolson was not a qualified voter in Boyle County wherein the City of Danville was contained and, therefore, did not qualify as policeman under KRS 95.440 and, therefore, was not qualified to issue…”
Winchester v. City of Hopkinsville, 93 F. Supp. 3d 752 (W.D. Ky. 2015).
“See KRS 95.440. In a Memorandum regarding Winchester’s background investigation, Sergeant Mayberry provided as follows: Detective Inman has completed the background investigation on William Winchester.”
City of Middlesborough v. Grubbs, 363 S.W.2d 95 (Ky. Ct. App. 1962).
“Prior to the adoption of the ordinance in question the city had been operating under previous ordinances, conforming with KRS 95.440 to 95.470, which provided for initial qualifying examinations for appointments to the police and fire departments and which prohibited discharge…”
City of Newport v. Schindler, 449 S.W.2d 17 (Ky. Ct. App. 1969).
“Qualifications for members of the police *18 and fire departments of second-class cities are set out in KRS 95.440(2) as follows: “Each member of the police or fire department in cities of the second and third classes shall be a qualified voter in the county containing the city…”
— Ky. Rev. Stat. § 95.440(3) — 1 case
— Ky. Rev. Stat. § 95.440(4) — 3 cases
City of Middlesborough v. Grubbs, 363 S.W.2d 95 (Ky. Ct. App. 1962).
“Prior to the adoption of the ordinance in question the city had been operating under previous ordinances, conforming with KRS 95.440 to 95.470, which provided for initial qualifying examinations for appointments to the police and fire departments and which prohibited discharge…”
Hopwood v. City of Paducah, 424 S.W.2d 134 (Ky. Ct. App. 1968).
“Its police and firemen are under the civil service protection of KRS 95.440 et seq. KRS 95.495 limits the hours of work for policemen to eight hours per day for five days each week except in the event of emergency.”
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