Government Contracts: WITT V. EASTERN KENTUCKY UNIVERSITY (COA 10/13/2006)

WITT V. EASTERN KENTUCKY UNIVERSITY
GOVERNMENT EMPLOYMENT
2005-CA-002054
PUBLISHED:  AFFIRMING (ACREE)
DATE RENDERED:  10/13/2006

The plain meaning of the statute prohibits Witt from simultaneous employment by EKU and maintenance of a subcontractor relationship to perform work on  campus under a contract between the university and a private business entity. The judgment of the circuit court is thus affirmed.

In addition, the university argued it had the authority, under KRS 164.365(1), to prevent Witt from continuing to work as a subcontractor on Stonewall’s contracts with EKU. The circuit court agreed that KRS 164.365(1) did grant EKU such authority and granted the university’s request for judgment on the pleadings.

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