GOVERNMENT (whistleblower): Northern Kentucky Area Planning Commission v. Cloyd (COA 1/15/2010)

Northern Kentucky Area Planning Commission v. Cloyd
2008-CA-001104 01/15/2010 2010 WL 134592

Opinion by Judge Acree; Judge Lambert and Senior Judge Harris concurred. The Court affirmed in part and reversed in part orders of the circuit court denying motions for summary judgment on appellee’s claims that he was wrongfully discharged by his supervisor and the area planning commission in violation of Kentucky’s Whistleblower Act, KRS 61.101-61.103; in violation of two provisions of the state building code – 198B.130 and KRS 198B.140; and for the tort of public policy wrongful discharge. The Court first held that the area planning commission was a political subdivision of the Commonwealth and as such, was an employer for purposes of the Whistleblower Act. Therefore, the circuit court properly denied the commission’s and supervisor’s motion for summary judgment on that claim. The Court next held that the trial court erred in denying the motion for summary judgment on the other claims because the commission was entitled to governmental immunity because of its parent body and functions and the supervisor derived official immunity from his status with the commission.

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