State Retirement: WILKINS V. KENTUCKY RETIREMENT SYSTEMS (COA 10/5/2007)

WILKINS V. KENTUCKY RETIREMENT SYSTEMS
EMPLOYMENT: GOVERNMENT RETIREMENT

2006-CA-001626
PUBLISHED: AFFIRMING
PANEL: MOORE PRESIDING; DIXON, TAYLOR CONCUR
COUNTY: FRANKLIN
DATE RENDERED: 10/05/2007

Mr. Wilkins moved for reconsideration of the Franklin Circuit Court’s order that his appeal was untimely, arguing that pursuant to Kentucky Revised Statutes (KRS) 2.110(1), October 10, 2005, was a legal holiday because it was Columbus Day and therefore, pursuant to KRS 446.030 and CR 6.01, he had until the following day, Tuesday, October 11, 2005, to file his petition for appeal.  Tthe circuit court reiterated its conclusion that the appeal was untimely filed, reasoning that pursuant to Section 3.03 of the Local Rules of Practice, Franklin Circuit Court was not closed on Columbus Day. Therefore, Mr. Wilkins’s petition for review was dismissed as untimely. He appeals that dismissal.

Per KRS 2.110, Columbus Day may be a legal holiday for purposes.  Although under KRS 446.010(20), when interpreting statutes, the term “may” is permissive,  the days listed in KRS 2.110 are not required legal holidays and may be designated as legal holidays.  However, the Chief Justice has determined what are to be legal holidays for the Court of Justice, from the list of permissible holidays included in KRS 2.111(1) and Columbus Day is not included as a legal holiday in the Court of Justice.  Affirmed dismissal as petition was filed untimely.

Digested by Mike Stevens

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.