Government Job Termination for Cause: MARTIN V. OSBORNE (COA 10/26/2007)

MARTIN V. OSBORNE
EMPLOYMENT:  TERMINATION OF JAIL EMPLOYEE FOR CAUSE
2005-CA-002363
PUBLISHED: AFFIRMING
PANEL: VANMETER PRESIDING; DIXON, GRAVES CONCUR
COUNTY:  DAVIESS
DATE RENDERED: 10/26/2007

COA affirmed jailer’s termination of jail employee under KRS 71.060(2) which provides the jailer shall be responsible for the appointment and removal of jail personnel, and the jailer may dismiss his deputies at any time with cause. Although "cause" was not defined in KRS Chapter 71, the COA found that the claims of the jail employee’s (Martin’s)  ethical misconduct or the alleged sexual misconduct, if believed, constituted substantial legal cause for his termination,  as such conduct not only related to and affected the administration of his office, but also “directly affect[ed] the rights and interests of the public.”

Digested by Michael Stevens