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Kentucky Supreme Court: City Employees Can’t Be Considered Whistleblowers

April 27th, 2012 by jake · 14 Comments

Wow, the Kentucky Supreme Court strikes again.

According to them, cities are not “employers” under the Whistleblower Act and employees are not protected.

Here’s a taste:

The Court of Appeals affirmed, concluding that cities are not “employers” under the Whistleblower Act, and therefore are not subject to it. We granted discretionary review and, because we agree that cities are not “employers” under the Whistleblower Act, we affirm.

-SNIP-

In sum, we wold that cities are not political subdivisions under Kentucky’s Whistleblower Act, and city employees are therefore not protected by the Act. Accordingly, we affirm the judgment of the Court of Appeals.

All sitting. All concur.

And just like that, your eyes rolled back in your head.

Click here (Warning: PDF Link) to read the entire opinion.

Kentucky’s legislature needs to take action to stop this mess. It’s a disaster for public employees everywhere.

Tags: Bad Behavior · Legal

14 responses so far ↓

  • 1 Metrohack // Apr 27, 2012 at 9:50 am

    Well fuck me…………………………….

  • 2 Ed Haliday // Apr 27, 2012 at 9:55 am

    A big win for government corruption.
    A big loss for honesty, and integrity.
    I would suggest city employees shut up, and just watch it happen.
    This is how government officials get away with their shenanigans. Chicago politics, here we come.

  • 3 Cantinflas // Apr 27, 2012 at 10:57 am

    Possum Billy City’s Court

  • 4 Joey Sears // Apr 27, 2012 at 1:31 pm

    Louisville is soon to be know as Little Chicago.

    we might as well elect Richard Daley and change the county name to Cook

  • 5 curtis morrison // Apr 27, 2012 at 2:47 pm

    And they did this on the judge in Bradley Manning’s case decided the serious charges stick.
    Whistleblowers are not compatible with fascists regimes.

  • 6 curtis morrison // Apr 27, 2012 at 2:48 pm

    *same day the judge…
    and fascist needs not be plural.
    Jake- you shouldn’t make the “submit” button so big.

  • 7 gil // Apr 27, 2012 at 6:34 pm

    Does this mean Louisville can avoid sending it’s taxes to Frankfort since the court says it is not a “subdivision” of the commonwealth?

    Just askin’.

    Correct assertion on the at will employee status, but horrible logic in getting there which will now cost us all.

    Best courts money can buy are here in the commonwealth!

  • 8 Debbie // Apr 27, 2012 at 7:04 pm

    Good people who see bad things happen in government are damned if they do and damned if they don’t. The question is do you risk putting food on your table for your family or having a conscience that haunts you? No one wins, everyone loses. Find someone like Tom Fitzgerald, with the Kentucky Resource Council who can afford to fight the fight.

  • 9 G'town Reader // Apr 28, 2012 at 8:17 am

    I’m flabbergasted…

  • 10 The Highlander // Apr 28, 2012 at 2:59 pm

    Is the Kentucky Supreme Court exempt, too? If not. I’d sure like to hear what a ‘bird on the clothesline’ w/in the Supreme Court (like the secretary who heard the discussions, ETC. or the receptionist who kept track of the ‘appointments’ of the judges) has to say about this. Wouldn’t you??????

  • 11 I'm So Sure, Helen // Apr 29, 2012 at 4:00 am

    The City of Louisville ceased to exist in 2003 with merger. What does the Ky Supreme Court say about merged city/county governments being employers? And where does that leave Louisville Metro Possibility World Class land mass a-go-go?

  • 12 South Ender // Apr 29, 2012 at 2:30 pm

    @I’m So Sure Helen –

    Search for: kentucky revised statutes 81.010

    You will see that the City of Louisville that existed BEFORE MERGER is the very SAME CITY of Louisville that EXISTS TODAY! (BTW, there is no such city named Louisville Metro in the KRS 81.)

    The City of Louisville never merged with the rest of Jefferson County, only GOVERNMENT OPERATIONS were merged.

    Here’s the proof from KRS 81.010, last amended on June 8, 2011:

    (excerpt )

    Cities are classified as follows:

    (1) First class:
    Louisville, Jefferson County

    (2) Second class:
    Ashland, Boyd County
    Bowling Green, Warren County
    Covington, Kenton County
    Frankfort, Franklin County
    Henderson, Henderson County
    Hopkinsville, Christian County
    Jeffersontown, Jefferson County
    Lexington, Fayette County
    Newport, Campbell County
    Owensboro, Daviess County
    Paducah, McCracken County
    Radcliff, Hardin County
    Richmond, Madison County

    If one were to ask most Jefferson County residents where are the boundaries for the City of Louisville, most would respond with the same boundaries that exist for Jefferson County. And most people would be wrong!

    Metro Council regularly considers ordinances that apply only within the City of Louisville (a.k.a. the Urban Services District, a KRS-sanctioned TAXING district!). If we were really one big city, then such actions would not be necessary.

    It sounds like you were duped by those in charge at the time that sold us this pig-in-a-poke.

  • 13 RPlant // Apr 30, 2012 at 1:21 pm

    I know there is a case out there, I’ll have to find it, that says that Louisville Metro serves as the county government for Jefferson County, so arguably, Metro employees directly are considered county workers and thus under a political subdivision. But ironically, where does that leave employees of the other cities within Jefferson County, such as Shively, St. Matthews, etc.?

  • 14 LMMS // Apr 30, 2012 at 3:04 pm

    Every employee no matter who they work for should be protected for spilling the beans. its a tragedy that a group of old worthless Judges think they found a loophole that excludes city employee’s.

google

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