Suspension Without Pay Pending Clause Samples

Suspension Without Pay Pending. A. This Section is intended to apply only where an officer has been suspended "without pay pending," as permitted by KRS 67C.326 and shall not apply to disciplinary proceedings and appeals where that has not occurred. B. The Chief of Police may suspend an officer without pay pending completion of administrative investigation and before imposition of formal disciplinary charges and penalty (herein "without pay pending"), only under extraordinary circumstances. Examples of such circumstances include, but are not limited to instances where: a) The Chief is in possession of evidence of a disciplinary violation warranting termination, which evidence eliminates genuine doubt regarding what conduct has occurred. Examples, by way of illustration but not limitation, may include video or audio recordings, or photographs, unmistakably establishing facts or events constituting a disciplinary offense. b) The officer conduct in question also constitutes a felony under applicable criminal law, or is wrongful conduct that is so outrageous as to create a genuine threat to the public peace and order. c) The conduct clearly constitutes an offense for which, if disciplinary charges should be sustained, the Chief will terminate the officer, barring mitigating circumstances. d) The offense is so extreme in degree that it is shocking to reasonable minds and compels immediate action such as extreme violence, or sexual abuse of a child; or, e) Where the conduct constitutes use of force, the force involved must be plainly and obviously unjustified and would warrant termination. C. A suspension "without pay pending" may not exceed thirty 8-hour work days. If the Louisville Metro Police Merit Board ("LMPMB"), after a hearing on formal disciplinary charges and penalty fails to sustain termination, or if the charges and penalty imposed by the Chief are less than termination, then the time the officer was suspended "without pay pending" shall be deemed time served toward any suspension finally imposed, and should the final penalty be less than a suspension equal in length to the time already served, the officer shall be made whole. D. When an officer is suspended "without pay pending," the officer shall be advised in writing of the reasons for the suspension within 24 hours of being suspended.