Bruce v. Kelly
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The Supreme Court held that Kan. Stat. Ann. 74-2113 defines the rank of major within the classified service under the Kansas Civil Service Act (KCSA), Kan. Stat. Ann. 75-2925 et seq., and that K.A.R. 1-7-4 does not require a former Kansas Highway Patrol (KHP) superintendent or assistant superintendent to serve another probationary period when returning to their former rank as contemplated in section 74-2113(a).
The Supreme Court answered two questions of law certified to the court by a federal district court in a lawsuit Plaintiff filed against Governor Laura Kelly, Chief of Staff Will Lawrence, and Kansas Highway Patrol Superintendent Herman Jones (collectively, Defendants). Plaintiff, who previously served as superintendent of the KHP, alleged that Defendants forced him to resign his employment rather than returning him to the rank he held before his appointment to superintendent. Given the parties' conflicting interpretations of the statutes and regulations and the lack of controlling Kansas precedent on certain issues, the district court certified two questions. The Supreme Court answered the questions as set forth above.
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