Gary Kitchen and Claude Wilder have filed grievances with the Personnel Board believing they were passed over for promotions because of political reasons.
According to the Lexington Herald Leader the two believe they may be able to make the state pay up financially.
“So far, at least two workers who have filed grievances with the Personnel Board say they think they have enough of a case to be awarded extra money that they would have received had they gotten recent promotions.
Both men issued their initial complaints before a Transportation Cabinet whistle blower made public his allegations of widespread improper hiring in the agency.”
Guys I sorry to tell you this, but even if you think you have an iron clad case, you are going to loose. If you continue you will spend an inordinate amount of time and money on lawyers and come up with nothing.
Why?
Because unless you can prove fraud or political influence, with witnesses or in documentation, the most that most that can be said is that your supervisors made a bad management decision. You can’t get money from the state just because a manager made, from your point of view, a bad decision.
18A.095 Rights of executive department employees.
(2) A classified employee with status shall not be dismissed, demoted, suspended, or otherwise penalized except for cause.
18A.140 Prohibition against discrimination and political activities.
(1) No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified services because of his political or religious opinions or affiliations or ethnic origin or sex or disability. No person over the age of forty (40) shall be discriminated against because of age.
18A.145 Other acts prohibited.
(1) No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under any provision of RS18A.005 to 18A.200 or in any manner commit or attempt to commit any fraud preventing the impartial execution of KRS 18A.005 to 18A.200 and the rules, regulations or orders thereunder.
Again from the Herald Leader:
“Katrina O. Bradley, the chief district engineer based in Flemingsburg, wrote on Kitchen's grievance form that she "selected the most qualified" applicant.”
“….In Letcher County, assistant road foreman Claude Wilder also has filed a complaint with the Personnel Board and is asking for $190,000 from the state.
He says he will have to retire three years earlier than he planned because he cannot work under the foreman who was hired over him.”
The only reason to pursue either of these grievances is for the personal satisfaction of getting someone to listen to your complaint.
Even with the Fletcher administration’s mauling of the Merit System, these guys will probably loose.
