Pearce v. University of Louisville ex rel. Board of Trustees

Summary

The Kentucky Supreme Court held that KRS 15.520, Kentucky's police officer Bill of Rights, applies to administrative disciplinary actions arising from both intra-departmental complaints and complaints from persons outside the police department. The court rejected the Court of Appeals' limitation of the statute's procedural protections to matters involving a citizen's complaint. The court reversed the decisions in Pearce and the consolidated Hill matter and remanded for further proceedings.

Holdings

1. KRS 15.520 applies to police-officer disciplinary proceedings initiated by intra-departmental allegations as well as proceedings initiated by complaints from persons outside the police department.
2. KRS 15.520 is not rendered inapplicable by other statutory disciplinary provisions governing municipal employees, police departments, or university employees; to the extent of any conflict, the later and more specific statute controls.
3. City of Munfordville v. Sheldon did not decide whether KRS 15.520 applies to intra-departmental disciplinary complaints and therefore does not limit the statute's application to external citizen complaints.

Questions Presented

1. Whether KRS 15.520 applies to administrative disciplinary proceedings against police officers when the allegations originate within the police department rather than from a complaint by a member of the public.
2. Whether KRS 15.520 conflicts with or is preempted by other statutory disciplinary schemes applicable to municipal and university employees.
3. Whether City of Munfordville v. Sheldon required limiting KRS 15.520 to externally originated citizen complaints.

Disposition

reversed_and_remanded