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RAPIER v. PHILPOT

No. 2002-SC-0374-DG, 2002-SC-0407-DG.

130 S.W.3d 560 (2004)

Kenny RAPIER, Commissioner of the Department of Parks, Tourism Cabinet, Commonwealth of Kentucky, in his Official Capacity as Appointing Authority, Appellant v. Eddie PHILPOT and Kentucky Personnel Board, Appellees. Kentucky Personnel Board, Appellant v. The Tourism Development Cabinet, Department of Parks; Kenny Rapier, in his Official Capacity as Appointing Authority of the Tourism Development Cabinet; and Eddie Philpot, Appellees.

Supreme Court of Kentucky.

Rehearing Denied April 22, 2004.

Attorney(s) appearing for the Case

Sarah O. Hall, Assistant General Counsel, Tourism Cabinet, Frankfort, Counsel for Kenny Rapier, Commissioner of the Department of Parks, Tourism Cabinet, Commonwealth of Kentucky; and the Tourism Development Cabinet, Department of Parks.

Richard M. Guarnieri, Johnson, Judy, True & Guarnieri, Frankfort, Counsel for Eddie Philpot.

Steven G. Bolton, Mark A. Sipek, General Counsel, Kentucky Personnel Board, Frankfort, Counsel for Kentucky Personnel Board.

JOHNSTONE, Justice.

Appellee, Eddie Philpot, worked for Appellant, the Tourism Development Cabinet ("Tourism Cabinet"), for several years. The Tourism Cabinet dismissed Philpot on December 15, 1999, for misconduct related to his work. Because he was a classified employee with status, he could only be dismissed for cause. KRS 18A.095(2). Philpot appealed his dismissal as provided for in KRS 18A.095, and an administrative hearing on his dismissal was "conducted in accordance...

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