LEXINGTON, Ky. (LEX 18) — The Fraternal Order of Police has filed a lawsuit against the Lexington-Fayette Urban County Government, claiming the police department violated state law during an investigation into one of its officers.
The union filed the lawsuit Monday in Fayette Circuit Court, alleging the Lexington Police Department failed to follow Kentucky's Law Enforcement Officers' Bill of Rights during an investigation of an unnamed officer.
According to the lawsuit, Lexington police placed the officer on "Administrative Assignment Level 3" on Oct. 7, which stripped him of his law enforcement authority, prohibited him from carrying a firearm off duty, and restricted overtime and off-duty employment opportunities. The officer was also required to surrender his badge, credentials, uniform, and department vehicle.
The union claims Lexington police imposed these restrictions without providing a written reason or following proper procedures required under Kentucky Revised Statute 15.520.
"The imposition of Level 3 Administrative Assignment under General Order 1992-007K is not a routine administrative measure—it represents one of the most severe classifications of employment restriction short of formal suspension or termination," the lawsuit states.
According to the lawsuit, the officer later received a text message from a lieutenant scheduling a compelled interview for Nov. 5. The union argues this violated state law because the officer wasn't given proper written notice with reasons for the interview or the required 48-hour advance notice.
When the union's attorney requested clarification, a Lexington police commander responded that the interview was part of an "inquiry" rather than a formal complaint. He said the officer was "the suspect of the inquiry" and would discuss "the same topics the FBI discussed with him."
The union argues that Lexington police cannot avoid state law requirements by labeling investigations as "inquiries" rather than formal complaints.
"LPD cannot treat misconduct complaints as internal matters to circumvent KRS 15.520 mandates by re-labeling them 'inquiries,'" the lawsuit states.
The union is seeking a court declaration that Lexington police must follow state law procedures for all officer investigations. They also want the court to issue an injunction preventing Lexington police from conducting the scheduled interview until proper procedures are followed.
The collective bargaining agreement between the city and police union explicitly incorporates the state law requirements, according to the lawsuit.
The case has been assigned to Judge Diane Minnifield.
