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

448 S.W.3d 746, 2014 WL 7226137
CourtKentucky Supreme Court
DecidedDecember 18, 2014
Docket2011-SC-000756-DG; 2012-SC-000104-DG
StatusPublished
Cited by39 cases

This text of 448 S.W.3d 746 (Pearce v. University of Louisville ex rel. Board of Trustees) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pearce v. University of Louisville ex rel. Board of Trustees, 448 S.W.3d 746, 2014 WL 7226137 (Ky. 2014).

Opinions

OPINION OF THE COURT BY

JUSTICE VENTERS

In this decision we review, two separate opinions of the Court of Appeals, each of which concerns the applicable scope of KRS 15.520. KRS 15.520, often referred to as the “police officer’s Bill of Rights,” details specific procedural rights for police officers who are accused of misconduct and are facing the disciplinary processes administratively conducted by the police agency that employs them.

We granted discretionary review of these cases because the issue they present is of significant concern to law enforcement personnel throughout the state and to the municipalities and governmental units that employ them, and is a matter we have not previously addressed. In addition to the arguments presented to this Court by the respective parties, we have [748]*748received and we have considered arguments presented, as amicus curiae, by the Kentucky League of Cities and a consortium of Kentucky’s public universities supporting of the Court of Appeals’ decisions, and we have considered arguments presented by Lodges of the Fraternal Order of Police as amicus curiae in opposition to the Court of Appeals’ decisions.

Upon review, we conclude that as it is currently written, KRS 15.520 applies to disciplinary actions that originate from within a police department as well as to disciplinary actions initiated upon complaints from persons outside the police department. Therefore, we reverse in both cases and remand each case to the respective trial court for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

In the case of Jeffery T. Pearce v. University of Louisville, 2011-SC-000756-DG, Appellant Pearce’s employment as a University of Louisville campus police officer was terminated by the University’s chief of police after he determined that Pearce had violated University and departmental policies on two separate occasions.1 In Stephen Derrick Hill v. City of Mt. Washington, 2012-SC-000104-DG, Appellant Hill, a Mt. Washington police officer, was temporarily suspended without pay and reduced in rank upon the recommendation of the Mt. Washington police chief, Thomas Ros-selli, who determined that Hill had been insubordinate by making statements critical of Rosselli’s administration to other officers.

In both cases, an administrative disciplinary action was initiated against the officer as a result of allegations that arose from within the police department itself. In neither case was a formal complaint filed against the officer by a person from outside the department. Both officers requested an administrative review procedure consistent with KRS 15.520 and in both cases that request was denied. In Pearce’s case, an administrative hearing was scheduled but Pearce’s request to have an attorney present as provided under KRS 15.520(l)(h)(5) was denied. Hill’s request for an administrative hearing pursuant to KRS 15.520 was denied altogether.

Each Appellant sought review of his department’s disciplinary decision in the appropriate circuit court, along with a claim for damages. The Bullitt Circuit Court rejected Hill’s claim upon its conclusion that KRS 15.520 does not apply “where no citizen complaint is involved.” In Pearce’s case, the Jefferson Circuit Court seemed to conclude that KRS 15.520 was preempted by KRS 164.830, which mandates a different disciplinary process for employees of the University of Louisville.

Each officer appealed and argued to the Court of Appeals that he was improperly denied the protections provided by the police officer’s Bill of Rights. In the Pearce case, the Court of Appeals ruled that the procedural protections provided to the police officer by KRS 15.520 apply only when the disciplinary action was initiated by a “citizen’s complaint,” and for that reason they were unavailable to Pearce. By the term “citizen’s complaint,” the Court of Appeals meant a formal allegation of police [749]*749misconduct by a person from outside the police department, as opposed to an allegation of misconduct asserted from within the department, for example, by a supervisory authority, a fellow officer, or others employed within the department.2 The Hill case was decided later by a different panel of the Court of Appeals that, for the most part, simply cited the Pearce opinion as authority for the conclusion that Hill was not entitled to the procedural processes of KRS 15.520.

As noted above, we reverse the decisions rendered herein by the Court of Appeals, and remand each case for further proceedings consistent with this opinion. Because this case involves the construction and interpretation of statutes, we begin with a brief overview of guiding principles.

II. GENERAL PRINCIPLES OF STATUTORY CONSTRUCTION

Statutory construction is an issue of law that we review de novo. Therefore, “[t]he trial court’s and Court of Appeals’s construction of statutes is also entitled to no deference on appeal....” Cumberland Valley Contractors, Inc. v. Bell County Coal Corp., 238 S.W.3d 644, 647 (Ky.2007) (citing Bob Hook Chevrolet Isuzu, Inc. v. Kentucky Transportation Cabinet, 983 S.W.2d 488, 490 (Ky.1998)).

In construing a statute, it is fundamental that our foremost objective is to determine the legislature’s intent in enacting the legislation. “To determine legislative intent, we look first to the language of the statute, giving the words their plain and ordinary meaning.” Richardson v. Louisville/Jefferson County Metro Government, 260 S.W.3d 777, 779 (Ky.2008). Further, we construe a “statute only as written, and the intent of the Legislature must be deduced from the language it used, when it is plain and unambiguous. ...” Western Kentucky Coal Co. v. Nall & Bailey, 228 Ky. 76, 14 S.W.2d 400, 401-02 (1929).

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Cite This Page — Counsel Stack

Bluebook (online)
448 S.W.3d 746, 2014 WL 7226137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearce-v-university-of-louisville-ex-rel-board-of-trustees-ky-2014.