Bregel v. City of Newport
Decision Date | 28 April 1925 |
Citation | 208 Ky. 581 |
Parties | Bregel v. City of Newport, et al. |
Court | United States State Supreme Court — District of Kentucky |
1. Municipal Corporations — Charges Against Chief of Police Not Acts or Omissions Held Insufficient. — Charges of "inefficiency and neglect in performance of duty" filed against chief of police, not setting out specific acts or omissions, were insufficient under Ky. Stats., section 3138-4.
2. Municipal Corporations — Evidence Tending to Show Gambling House, etc., were being run Held Insufficient to Support Charges Against Chief of Police. — Evidence tending to show that gambling houses, houses of ill fame, etc., were run after orders were issued to chief of police to close them, held insufficient to support charges of neglect and inefficiency against him, in absence of proof of specific violations or neglect of duty.
3. Municipal Corporations — Dependency on Subordinates and Legal Limitations on Authority Considered in Determining Charges Against Chief of Police. — In determining whether chief of police has been guilty of neglect of duty or inefficiency, fact that he is dependent to some extent on subordinates for execution of orders, and legal limitations on authority of police officers to arrest and search premises, must be considered.
Appeal from Campbell Circuit Court.
WILLIAM F. CLARK for appellant.
CHARLES M. CIARLO and LOUIS REUSCHER for appellees.
Reversing.
Frank Bregel was a member of the Newport police department for twenty-five years and for eight years of this term was chief of the police department. On February 8, 1924, charges were preferred against him before the board of city commissioners, and on the 11th of February a hearing was had upon which he was adjudged guilty of the charges and demoted to the rank of patrolman. The charges preferred against him before the board were: (1) that he was guilty of influencing votes at the 1923 election and, (2) inefficiency and neglect in the performance of his duties as chief of police in the years 1922, 1923 and 1924; both charges were sustained. He appealed from the finding of the board to the Campbell circuit court; the case was heard and on February 28, 1924, it was adjudged that he was guilty of inefficiency and neglect in the performance of his duty as chief of the police department in failing to properly carry out orders from his superiors and regulating the conduct of the police. From this judgment he has appealed to this court.
There was no evidence that appellant was guilty of influencing votes at the election and this charge was properly dismissed by the circuit court. As to the charge of inefficiency and neglect in the performance of his duty a more serious question arises. Section 3138, subsection 4, Kentucky Statutes, provides:
The charges filed before the board were in these words:
This charge is not sufficient under the statute. It does not set out with clearness or distinctness any charge. There is a similar statute authorizing a lawyer to be disbarred for neglect or lack of moral character, but it is uniformily held that the specific charges must be made with sufficient distinctness to enable the person charged to know the acts which are charged against him. There is a similar statute in regard to physicians. The original act was held unconstitutional in Matthews v. Murphy, 63 S.W. 785, for uncertainty and the amended statute was...
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Armstrong v. Board of Civil Service Com'rs of City of Newport
... ... charges preferred. Williams v. City of Newport, 229 ... Ky. 810, 18 S.W.2d 283. The charges must be definite and ... certain and of such character as to establish inefficiency, ... misconduct, insubordination, or violation of law on the part ... of the accused officer. Bregel v. City of Newport, ... 208 Ky. 581, 271 S.W. 665. The statute was designed to enable ... the city to provide an efficient, law-abiding, capable, and ... honest police force, and ample power is given to achieve the ... ends desired. But at the same time the individual officer is ... protected ... ...