Published: April 24, 2008 09:48 am            

Hill wants chief job back

April 23, 2008 — Former Grayson Police Chief Keith Hill has filed civil action against Mayor George Steele and the City of Grayson. This comes after Hill was demoted to patrolman on Wednesday, April 2, after serving as Grayson Police Chief since October 2001.

Hill’s attorney, Hon. Michael A. Frye of Russell, filed motions Wednesday, April 16, with the Carter County Circuit Clerk’s office.

At the motion hour for this case held Monday, April 21, in Carter County Circuit Court, Judge Rebecca Phillips granted the restraining order, “preventing defendants (Mayor Steele and the City of Grayson) from hiring any individual to replace Hill as Grayson Chief of Police until a hearing on this matter is conducted by this court”. The next court date on the matter is set for May 5.

The motion claimed Hill was wrongfully removed from the position in contravention of his rights under Kentucky Revised Statues.

The other motion filed seeks a temporary injunction “preventing defendants from hiring any individual to replace Hill as Grayson Chief of Police. Additionally, Hill moves for an injunction directing that he be returned to his position as Chief of Police”.

Hill was notified of the demotion in a letter signed by Mayor George Steele on April 2. The letter stated:

“Please take this letter as notice that you, effective this date, are relieved of your duties as chief of police of the City of Grayson. Under the provisions of applicable Kentucky statutes set forth in KRS 83A et. seq., which grants me the discretionary authority to handle employment matters, I therefore have decided that you should be relieved from you duties of Chief of Police of the City of Grayson.

The basis for my decision is that an effective police department will, in my opinion, be obtainable by all of the police officers reporting directly to the mayor. My decision is in no way based upon any citizen complaint nor any allegation of misconduct, but rather a belief that a more effective administration of the police department can be effectuated in this manner.

You will now be employed by the city as a police officer, the same as all of the other officers in the city, receiving pay at your current pay and will report in all matters directly to me, as Mayor, the same as all of the other police officers. You of course will have no supervisory duties over any of the other police officers.

I will be in touch with you further concerning assignment of specific duties with respect to your new position.”

The motions filed by Hill state the City of Grayson as being a Fourth Class City and that in December 1991 the Grayson City Commission established a Civil Service System, which covered all employees of the City of Grayson. In accordance with Kentucky Civil Service System law, the ordinance provided “No employee of the city shall be dismissed, suspended or reduced in grade or pay for any reason except inefficiency, misconduct, insubordination or violation of law involving moral turpitude”.

And, “after adoption of the provisions of any of the statutes listed in this section, the city may not revoke, rescind or repeal these adoptions for any employee covered thereby”.

“KRS 90.360 provides a formal procedure for the dismissal, suspension, or reduction in pay or grade of any employee covered by a Civil Service System. Under this provision formal charges must be levied against the employee and then a formal hearing conducted to determine the appropriateness of any contemplated action. KRS 90.370 then provides for the judicial review by the Circuit Court of any contested decision.”

The motion states that at no times have any formal charges been presented to Hill nor has he been provided his due process rights afforded through a formal hearing and adjudication.

And, that Hill has with distinction served in the position of chief without any formal charges of misconduct, inefficiency, violation of law or any similar charges.

        

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