Retirement Benefits? Possible Forfeiture w Additional Charge(s) & Conviction?
@KonaHona Thx for posting a link & quote of this statute.
61.535 Cessation of membership -- Conditions -- Forfeiture of retirement benefits.
Per ¶(3) this forfeiture provision is applicable to a member only for a conviction "of a "FELONY RELATED TO HIS EMPLOYMENT" (<----my caps)
As charge(s?) now stand, are they “related to his employment?” IDK.
If felony conviction is not related to his employment, then forfeiture clause does not apply, imo.
OTOH, could LE & prosecutor unearth evidence to support a felony related to his employment and file additional felony charges related to Stines' employment? Possible but IDK.
IF a county employee like a Sheriff has a hand in the till, say - endorsing checks made payable to Letcher County and depositing to his own personal a/c at a bank or financial institution (or spouse's or friend's a/c, well, any a/c other than L. County's official a/c'(s)), which may be generally thought of as EMBEZZLEMENT, KY classifies it as "ABUSE OF PUBLIC TRUST" per below. imo Relates to his employment. imo
or
IF "public servant" pays or accepts a felony-level BRIBE per below, it relates to his employment. imo. A sheriff, i.e., "public servant" himself, may pay a bribe to or accept a bribe from another "public servant." May or may not be relate to judge's death, IDK.
A few more offenses "relating to employment" are noted below.
Not saying that Stines has engaged in any felony or misdemeanor conduct along these lines relating to his employment.
Just saying that it's possible that IF an additional felony-level charge is filed & results in a conviction, he may forfeit his retirement rights & benefits. imo
Just a couple hypothetical examples of crimes relating to employment. imo
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Selected KY Statutes
"521.020 BRIBERY OF PUBLIC SERVANT....Class C FELONY." (my CAPS)
"(a) He offers, confers, or agrees to confer any pecuniary benefit upon a public
servant with the intent to influence the public servant's vote, opinion,
judgment, exercise of discretion, or other action in his official capacity as a
public servant; or
"While a public servant, he solicits, accepts, or agrees to accept any pecuniary
benefit upon an agreement or understanding that his vote, opinion, judgment,
exercise of discretion, or other action as a public servant will thereby be
influenced."
^
https://apps.legislature.ky.gov/law...ic servant,servant will thereby be influenced.
"521.030 Soliciting unlawful compensation....Nope, only a misdemeanor."
^
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19883
Chapter 522. Official misconduct.
"522.010 Definitions"
"522.020 Official misconduct in the first degree" Nope, only a misdemeanor.
"522.030 Official misconduct in the second degree" Nope, only a misdemeanor.
"522.040 MISUSE OF CONFIDENTIAL INFORMATION....Class D FELONY." (my CAPS)
^
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19890
" 522.050 ABUSE OF PUBLIC TRUST.... FELONY." (my CAPS)
^
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19891
^
Kentucky Revised Statutes - Chapter 522