McCLURE v. AUGUSTUS

No. 2001-SC-0028-DG.

85 S.W.3d 584 (2002)

Ronald McCLURE, Appellant, v. Frank AUGUSTUS, Sheriff of McCracken County, Kentucky; Merit Board; Donnie Roberts, Chairman; Gerald Stewart, Member; Ronald Alston, Member; and Christopher Shea Nickell, Member, Appellees.

Supreme Court of Kentucky.

As Modified October 8, 2002.


Attorney(s) appearing for the Case

Tod D. Megibow, Megibow & Edwards, PSC, Paducah, Counsel for Appellant.

Mark D. Pierce, Paducah, Counsel for Appellees.

Mark L. Miller, Mary Witt Sharp, Priddy, Isenberg, Miller & Meade PLLC, Louisville, Counsel for Amici Curiae, Kentucky State Lodge Fraternal Order of Police, Inc.; Deputy Sheriffs' FOP Lodge No. 25, Inc.; and Sheriff John E. Aubrey.

Jeffrey C. Mando, Jennifer L. Langen, Adams, Stepner, Woltermann & Dusing PLLC, Covington, Counsel for Amici Curiae, Boone County Fiscal Court and Sheriff Michael Helmig.


JOHNSTONE, Justice.

In this case we address the issue of whether the scheme for terminating the employment of deputy sheriffs established in the Deputy-Sheriff Merit Board statutes, KRS 70.260 et seq., is an unconstitutional violation of the separation of powers doctrine. We conclude that it is not and, therefore, reverse the Court of Appeals.

I. Facts and Procedural History

On July 21, 1998, Sheriff Frank Augustus terminated Ronald...

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