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HB 492

AN ACT relating to certified court security officers.

2026 Regular Session Introduced by Chris Lewis

Allows counties to create a deputy sheriff merit board to handle discipline for deputy sheriffs and court security officers, with rules, training, bargaining, and due-process prote

returned to Local Government (H)
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Bill Summary · HB 492

Purpose and overall intent

HB 492 (2026 Session, Kentucky) proposes to establish a deputy sheriff merit system that would include certified court security officers within the scope of the system in counties that enact local ordinances creating a deputy sheriff merit board. The bill outlines the structure, rules, training requirements, collective bargaining provisions in certain counties, and due-process protections governing disciplinary actions for deputy sheriffs and certified court security officers covered by the merit system. It also sets governance and funding mechanics for the new board.

Key provisions and changes

  • Creation of a deputy sheriff merit board (KRS 70.260 et seq.)

    • Counties can enact an ordinance to create a five-member board to handle disciplinary hearings for deputy sheriffs and certified court security officers.
    • Board composition: 2 appointees by the county executive (or equivalent) with majority approval, 2 by the sheriff, and 1 elected by the deputy sheriffs and court security officers.
    • Members must be at least 30, reside in the county, and may not be deputy sheriffs or hold elected office; no immediate family of the sheriff may serve.
    • Terms are 2 years; meetings are as needed; quorum is three.
    • Expenses may be paid from sheriff’s fees and commissions; additional funding arrangements may be negotiated with the legislative body if needed.
    • The ordinance can exclude certain policy-making or confidential positions from merit system coverage, with leave-of-absence provisions for those who move into such positions.

  • Rules and training (KRS 70.261)

    • The merit board must issue rules within 48 hours of adoption, publish them, and distribute copies to the sheriff, county judge/executive, and legislative body.
    • Required rule areas include qualifications (initial and continued), temporary appointments, advancement (minimum three years to qualify for sergeant), demotion/discipline processes, administrative procedures (transfer, layoff, reinstatement), and board procedures.
    • For governance of the board, rules cover structure, public hearings, and examination/fitness testing procedures.

  • Unionization and collective bargaining (KRS 70.262)

    • In counties with a consolidated government or city of the first class that has adopted a merit system, deputy sheriffs and certified court security officers may organize, bargain collectively, and contract for wages, hours, and terms/conditions of employment.
    • Strikes are prohibited; the sheriff negotiates with a majority representative but is not required to bargain over inherent managerial policy.

  • Training requirements (KRS 70.263)

    • Existing covered personnel must complete basic training within one year of the ordinance’s effective date or appointment, using standards under KRS 15.440 and recognized training schools.
    • Court security officers not already covered under certain provisions must complete basic training within one year of employment or the ordinance’s effective date.
    • If training was completed previously, it may count toward requirements.

  • Conduct and restrictions (KRS 70.267)

    • Prohibits political solicitation and certain political actions by covered personnel; outlines probationary employment during the first year.
    • Provisions allow for removal for political activity, with limitations and due process.

  • Disciplinary authority and process (KRS 70.270, 70.273)

    • The sheriff may remove, suspend, or lay off covered personnel for cause; written reasons must be provided (except certain probationary revocations).
    • disciplinary actions by the sheriff are subject to board review, with a statute for citizen-initiated charges to be investigated by the sheriff and subject to board determination.
    • The board can initiate discipline after a public hearing; due process applies; hearings are conducted with adherence to civil procedure standards.
    • Final decisions may be appealed to the Circuit Court of the county; the board is named as the respondent in such appeals.
    • The statute clarifies that certain non-sworn or policy-making positions are excluded from the merit system.

Who is affected

  • Deputy sheriffs and certified court security officers in counties that enact a deputy sheriff merit board ordinance.
  • County sheriffs, county executives or urban-county/cmlc government leaders, and county legislative bodies (for funding and governance).
  • Eligible personnel in policy-making or confidential roles may be excluded from merit-system coverage depending on the local ordinance.
  • Potential representation for collective bargaining in eligible counties (with limits on managerial policy).

Procedural and timeline aspects

  • Local option: Counties may adopt the merit board ordinance (triggering training and rules) and implement within the statute’s framework.
  • Training timelines: Newly covered personnel must complete basic training within one year of the ordinance’s effective date or appointment.
  • Rule adoption: The board must publish its rules within 48 hours of adoption and distribute copies to key local officials.
  • Hearings: Disciplinary hearings must follow due process, with 60 days to hear charges if possible; appeals proceed to the Circuit Court with the board as respondent.
  • Funding: Initial and ongoing expenses are supported by sheriff’s fees and commissions, with potential negotiated contributions from the primary legislative body if needed.

Note: The bill’s effectiveness depends on local adoption of the merit board ordinance and alignment with any existing urban-county, consolidated local government, or charter provisions.

Compiled from official sources — confirm details with the bill’s official record.

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