[DOWNLOAD] "Puckett v. Miller" by Supreme Court of Kentucky No. 90-SC-662-DG * eBook PDF Kindle ePub Free

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eBook details

• Title: Puckett v. Miller
• Author : Supreme Court of Kentucky No. 90-SC-662-DG
• Release Date : January 19, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Opinion OF THE COURT BY JUSTICE LAMBERT In this declaratory judgment action brought by certain officers of the Lexington-Fayette Urban County Police Force, six regulations found in General Order No. 73-15/E are challenged as being in violation of KRS 95.015 and KRS 61.310(4) and the Fourteenth Amendment to the Constitution of the United States and Section 2 of the Constitution of Kentucky. The trial court found no violation and the Court of Appeals affirmed. This Court granted discretionary review and as hereinafter set forth, affirms in part and reverses in part. In 1983, the Urban County Council approved an ordinance which directed the Division of Police to promulgate and enforce certain regulations which restricted the rights of police officers to engage in off-duty employment. In general and for purposes of discussion, these regulations provide that (a) officers wishing to become or who are currently engaged in off-duty employment must obtain prior written approval of the Chief of Police, (b) employment is prohibited in a job which requires the officer to sell, dispense or serve alcoholic beverages, (c) employment as a bouncer or security guard is prohibited in establishments which have as their primary business the sale of alcoholic beverages, (d) employment is prohibited for employers with a reputation for involvement in criminal activity, (e) Workers' Compensation and general liability insurance is mandatory if the officer's off-duty employment may require the use of police authority, and (f) indemnification of the Urban County Government is required for claims arising as a result of off-duty employment.

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