Filed 15 06/11/2018 Sally Jump, Franklin Gircult Cler COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT ___ DIVISION CASE NO. JERRY MITCHUM 7133 Highpoint Drive Florence, KY 41042 And JOHN JOHNSON 2501 Keller Court Hebron, Kentucky 41048 And CARL “CORKY” PARKER 1301 Richwood Road Walton, Kentucky 41094 Plaintifis COMPLAINT AND PETITION FOR APPEAL KENTUCKY RETIREMENT SYSTEMS Perimeter Park West 1260 Louisville Road Frankfort, KY 40601 Service: Via Certified Mail William A. Thielen Executive Director 1260 Louisville Road Frankfort, KY 40601 Defendant SSS fs, JERRY MITCHUM, JOHN JOHNSON AND. ) ) d ) J d ) ) ) d d ) ) ) ) ) J ) d d ) d d ) ) ) d ) ) ) ) ) » ‘Comes now the plainti CARL “CORKY” PARKER through counsel, and for their cause of action state as follows: Filed 15-Cl00633 06/11/2015 Sally Jump, Franklin Circuit Clerk Presiding Judge: HON, PHILLIP J, SHEPHERD (648260) COM : 090001 of 00004Filed 00633 06/11/2015 Sally Jump, Franklin Circuit Clerk PARTIES, JURISDICTION AND VE) 1. Jetty Mitchum is a retired police officer of the Boone County Sheriff's Department, retired on 11/30/14. 2. John Johnson is a retired police officer of the Boone County Sheriff's Department, retired on 11/30/14. 3. Carl “Corky” Parker is a retired police officer of the Boone County Police Department, retired on 05/01/99. 4. Carl “Corky” Parker has been employed part-time at the Boone County Sheriff's Department since 05/05/99, 5. Carl “Corky” Parker asked that he be permitted to inerease his hours by going to a contract as provided for in H.B. 364. &. Kentucky Retirement Systems hereinafter the Retirement System is the statutory empowered agency to administer the pension of police officers. 7. This Court holds jurisdiction pursuant to Kentucky Revised Statute section 61.645, et seq, 8. Venue is properly lodged in this Court pursuant to KRS 61.645. RELEVANT FACTS 9. The Plaintiffs pursuant to an undated letter from the Retirement System to Major ‘Tom Scheben of the Boone County Sherriff's Office were denied permission to return to employment at the Boone County Sheriff's Department. (See Exhibit #1 attached and incorporated into the Complaint) 10. The Plaintiffs were once again re-notified through Major Tom Scheben in a letter from the Retirement System dated 4/15/15 denying permission to return to 15-cl-00633 06/14/2015, Sally Jump, Franklin Circuit Clerk Presiding Judge: HON. PHILLIP J. SHFPuiERR resenen: ‘com: 090002 of 00004Filed 06/1112 ally Jump, Franklin Circuit Clerk employment at the Boone County Sheriff's Department. (See Exhibit #2 attached and incorporated into the Complaint.) 11. The Plaintiffs then gave the Retirement System notice of their intention to appeal and requested an administrative hearing pursuant to KAR 1:215, KRS 61.645 et seq., KRS 61.505. (See Exhibit #3 attached and incorporated into the Complaint). 12, The Retirement System denied the Plaintiffs their right to an administrative hearing in a letter dated 5/26/15. (See Exhibit #4 attached and incorporated into the Complaint). DENIAL OF CONSTITUTIONAL RIGHTS ‘The Plaintiffs incorporate by reference all preceding paragraphs and further allege as follows: 13. The Retirement System denied the Plaintiffs their procedural and substantive due Process rights pursuant to the 14" Amendment of the United States Constitution and Section 2 of the Kentucky Constitution by the following: a. The Plaintiffs were denied their right to an administrative hearing and notice of that hearing in violation of KRS 61.645(16). b, The Plaintiffs were denied their right to confront and cross-examine any and all witnesses. ©. The Plaintiffs were denied their right to be represented by counsel. 4. The PlaintiffS were denied their right to gainful employment with an ‘employer that is ready, willingly and able to employ them. €. The Plaintiffs were denied their right to produce any evidence, including the attendance of witness on their behalf. 15-Cl-00633 06/11/2015 Sally Jump, Franklin Circuit Clerk i ‘com : 000009 of 200004Filed 5-C100633 06/14/21 ally Jump, Franklin Circuit Clerk WHEREFORE, the Plaintiffs demand as follows: A. Damages in an amount to be proven at trial plus, interest and cost; B. An order setting aside the decision to deny permission to return to employment with the Boone County Sheriff's Department for Mitchum and Johnson. C. __Anorder allowing Parker to be permitted to increase his hours of employment with the Boone County Sheriff's Department, D. —_Attomeys fees; EB. Court cost; F. Any and all other relief to which the Plaintiffs may be entitled. Respectfully submitted, HARRY P. HELLINGS, JR., PSC KBA # 30635 214 East Fourth Street Covington, KY 41011 (859) 431-7200 Fax: (859) 431-2194 Js! Stephen D. Wolnitzek STEPHEN D. WOLNITZEK KBA # 78464 502 Greenup Street Covington, Kentucky 41011 (859) 491-4444 Fax: (859) 491-1001 [email protected] Filed 45-cl-00633 06/11/2015 Sally Jump, Franklin Circuit Clerk Presiding Judge: HON, PHILLIP J, SHEPHERD (648260) ‘com : 090004 of 00004Filed Sally Jump, Franklin Circuit Clerk KENTUCKY RETIREMENT SYSTEMS ‘William A, Thiclea, Bxecutive Director ‘Ferimeter Park West + 1aG0 Louisville Road » Frankfort, Kentucky 4oot seyret kygov + Phone: 503-696-8800 ~ Far: 501-696-882 Major Tom Scheben ~Boone-Comnty-Sheriff Office 80. P.O. Box 198 Burlington, KY 41005 RE: Employaient after Retirement ~~ ~~ - - noe Jemry Mitchem Dear Mr. Schehen, ‘The above referenced individuals have asked for permission to retum to employment with the Boone County Sheriff Depeitment after their retirement. The Boone County Sheriff Depertment signed a Form 6751 for each of these individuals asserting that there was no prearranged agreement prior to retirement for each individual to return to work in aay capacity following the individual's retirement. Kentucky Retirement Systems has also received several enoaymous Teports asserting that there was a prearranged agreement for these individuals to return to employment atthe Boone County Sheriff Department after their retirement as well as describing Stgps that the department has taken to obscure the agreement to re-employ these individuals in violation of KRS 61.637. As you were previously informed Keatucky Retirement Systems was obligated to inves these allegations of ¢ prearranged agreement for employment. As part of this investigation Kentucky Retirement Systems requested documentation from the Boone County Sheriif Department that would indicste that the Boone County Sheriff Department took steps to fill the ‘Yacancies left by the retirements of these individuals with anyone other then these individuals, Kentucky Retirement Systems also asked for documentation of activities that would be indicia of these individuals sevécing their employment relationship with the Boone County Sherist Department after their retirement. These requests included; documentation that the individuals suendered their Jaw enforcement equipment; documentation that the equipment had been feassigned to other officers; and documentation that the individuals e-mail accounts were teoninated. The Boone County Sheritf Department was unable to provide sufficient Aocumentation that would satisfy Kentucky Retirement Systems inquiry into this matter, Based on this lack of documentation Kentucky Retirement Systems is denying these individuals emission to return to employment with the Boone County Sheriff Department. If these individuals retum to employment with the Boone County Sheriff Department, their retirement may be voided and they may have to return all previously received retirement benefits. This is a finel agency decision. Pursuant to KRS 61.645 (14) any person adversely affected by a decision S63 08a 15-C1-00633 06/11/2015, Sally Jump, Franklin Circuit Clerk Presiding Judge: HON. PHILLIP J. SHEPHERD (648260 FEXH : 000001 of 00002ERS ESOL to 36659, Doard to the Franklin Circuit Court within sixty (60) days of the board action. rely . Katherine Rupinen, Assistant, General Counsel of the board, except as provided under section (16) of this section of KRS 61.665, involving 64:51) to- 6-30 and 78-510. Sally Jump, Franklin lerk to 78:852-msy-appeal-the-decision-of the- Kentucky Retirement Systems. ce: Jerry Mitchemn Type text] Filed — 15.ci-00633 06/11/2015 Sally Jump, Franklin Circuit Clerk Presiding Judge: HON, PHILLIP J, SHEPHERD (648260) XH : 990002 of 0002Filed 00633 wa lly Jump, Franklin Circuit Clerk KENTUCKY RETIREMENT SYSTEMS ‘William A. Thielen, Executive Director Pecimeter Park West v 1260 Louisville Road » Frankfort, Kentucky 4o6oi kkyret gov ~ Phone: 502-696-8800 + Fex: 502-696-8822 April 15, 2015 Major Tom Scheben Boone County Sheriff Office P.O. Box 198 Burlington, KY 41005 RE: Employment after Retirement Jerry Mitchem Dear Mf, Scheben, The above referenced individuals have asked for permission to retum to employment with the Boone County Sheriff Department after their retirement. The Boone County Sheriff Department signed a Form 6751 for each of these individuals asserting that there was no prearranged agreement prior to retirement for each individual to return to work in any capacity following the individual's retirement. Kentucky Retirement Systems has also received several anonymous reports asserting that there was a prearranged agreement for these individuals to return to employment at the Boone County Sheriff Department after their retirement as well as describing steps that the department has taken to obscure the agreement to re-employ these individuals in Violation of KRS 61.637. As you were previously informed Kentucky Retirement Systems was obligated to investigate these allegations of a prearranged agreement for employment. As part of this investigation Kentucky Retirement Systems requested documentation from the Boone County Sheriff Department that would indicate that the Boone County Sheriff Department took steps to fill the vacancies left by the retirements of these individuals with anyone other than these individuals, Kentucky Retirement Systems also asked for documentation of activities that would be indicia of these individuals severing their employment relationship with the Boone County Sherif Department after their retirement. These requests included; documentation that the individuals surrendered their law enforcement equipment; documentation that the equipment had been reassigned to other officers; and documentation that the individuals e-mail accounts were terminated. The Boone County Sheriff Department was unable to provide sufficient documentation that would satisfy ‘Kentucky Retirement Systems inquiry into this matter, Based on this lack of documentation Kentucky Retirement Systems is denying these individuals permission to return to employment with the Boone County Sheriff Department, If these individuals retum to employment with the Boone County Sheriff Department, their retirement 15-Cl-00633 06/11/2015, Sally Jump, Franklin Cireuit Clerk Presiding Judge: HON. PHILLIP J, SHEPHERD inesoem /EXH : 000001 of 00002may be voided and they may have to return all previously received retirement benefits. This is a final agency decision, Pursuant to KRS 61.645 (14) any person adversely affected by a decision of the board, except as provided under section (16) of this section of KRS 61.665, involving ERS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852 may appeal the decision of the board to the Franklin Circuit Court within sixty (60) days of the board action, Katherine Rupinen, Assistant General Counsel Kentucky Retirement Systems, cos he: g 3 s 3 g s ype text} Filed 15-Cl-00633 06/11/2015, Sally Jump, Franklin Circuit ClerkFiled cio 06/11/2015 Sally Jump, Franklin Circuit Cler Harry P. HeLuncs Jr., P.S.C. covinaton, KeNTuciTY 41011 PHONE (858) 431-7200 FAX (B59) 431-2198, May 15, 2015, Kentucky Retirement Systems William A. Thielen, Executive Director Attn: Katherine Rupinen, Assistant General Counsel 1260 Louisville Road Frankfort, KY 40601 NOTICE OF APPEAL AND REQUEST FOR HEARING RE: Jerry Mitchum 7133 Highpoint Drive Florence, KY 41042 Retirement Membership LD. # 503082 D.O.B. 5/21/68 Comes now Jerry Mitchum, by and through counsel, and hereby gives his notice of appeal and requests a hearing pursuant to KRS 61.645 regarding the decision to deny Mr. Mitchum permission to return to employment with the Boone County Sheriff Department, See attached letter denying Mr. Mitchum permission to retum to employment with the Boone County Sheriff Department dated 4/15/15. Mr. Mitchum contends that there was no prearranged agreement to retura to the Boone County Sheriff Department upon retirement; therefore his request for ‘permission to return to employment was improperly denied. Respectfully Submitted, Covington, KY 41011 (859) 431-7200 Fax: (859) 431-2194 15-Cl-00633 06/11/2015 Sally Jump, Franklin Circuit Clon Presiding Jucae: HON. PHILLIP J, SHEPHERD rasan (000001 of 000001Fite ci-006: 2018 Sally Jump, Franklin Circuit Clerk KENTUCKY RETIREMENT SYSTEMS William A. Thielen, Executive Director Perimeter Park West + 1260 Louisville Road y Frankfort, Kentucky 40601 lkyretky-gow + Phone: 502-696-8800 + Pax: 502-696-8822 May 26, 2015 Certified Mail Return Receipt Requested Hon. Harry P. Hellings, Jr. 214 East 4" Street Covington, KY 41011 RE: Administrative Hearing Request Jerry Mitchum Dear Mr. Hellings: Kentucky Retirement Systems received your request for an administrative hearing on behalf of Jery Mitchum in response to the letter to Mr. Mitehum dated April 15, 2015. Please ‘be advised that the April 15, 2015 letter did not provide Mr. Mitchum with a right to an administrative hearing, Your client was provided appeal rights under KRS 61.645(14), which grants a right of appeal to Franklin Circuit Court within 60 days of Board action, If you have questions or concerns, please do not hesitate to contact me at my direct extension (502) 696-8654, Sincerely, KENTUCKY RETIRE) SYSTEMS Brian Thomas General Counsel . ‘Member ID; 503082 2990 Filed 15-Cl-00633 96/11/2015 Sally Jump, Franklin Circult Clerk Presiding Judge: HON. PHILLIP J, SHEPHERD easonos -EXH 000001 of 000001