NEWS
Fight surfaces over which court should
hear subpoena case
FRANKFORT, Ky. (AP) - A legal fight between
Gov. Matt Bevin's administration and the state's
attorney general over subpoenas sent to
Kentucky school districts as part of an
investigation into teacher sickouts has expanded
to include which court should hear the case.
State Labor Cabinet attorneys on Thursday filed a
notice of removal that shifted the case to federal
court. The state's labor secretary is named as
the defendant in the lawsuit. The cabinet has the
authority to investigate illegal work stoppages
and impose individual fines.
Attorney General Andy Beshear's office said
Friday it will contest the new venue.
"We are going to ask the federal court to return it
to state court where it should be," the AG's office
said in a statement.
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Beshear filed the suit in Franklin County Circuit
Court to try to block the subpoenas issued by
Bevin's administration. The case was initially
assigned to a state judge who has drawn Bevin's
ire. Last year, the judge struck down a public
pension measure backed by Bevin. The state
Supreme Court upheld his ruling.
The subpoenas, sent to 10 Kentucky school
districts, seek the names of teachers who might
have used sick days to attend statehouse rallies
earlier this year, forcing some districts to cancel
classes. The protests, aimed at several education
bills, were part of a wave of teacher activism that
began last year in West Virginia and spread to
other states, including Oklahoma and Arizona.
The Labor Cabinet said Friday that federal court
is the proper venue to hear issues surrounding
the subpoenas.
In a statement, the cabinet said Beshear's "initial
filing raises a federal question related to the First
Amendment and should be heard by a federal
court, rather than Franklin Circuit Court."
Bevin has said Beshear's office deliberately
crafted the lawsuit so as to try to ensure it ended
up in state court.
The attorney general said the administration's
legal maneuvering to move the suit to federal
court was another example that "Matt Bevin and
his allies will stop at nothing in their attempts to
intimidate and attack teachers."
The case is wrapped up in election-year politics
and marks the latest feud between the
Republican governor and the Democratic attorney
general. Their confrontation could ultimately be
settled at the ballot box as Bevin is seeking re-
election this year and Beshear hopes to prevail in
a crowded Democratic primary later this month
to try to unseat him.
The attorney general's office said Beshear has
cited state labor law in arguing that the
subpoenas were unlawful.
He said the teacher absences had triggered no
disputes between teachers and their school
districts - a condition for an illegal work
stoppage under state law. He also said the labor
secretary doesn't have the authority to request
the information sought in the subpoenas.
The Jefferson County Teachers Association,
which represents teachers in Kentucky's most
populous county, joined Beshear in filing the
lawsuit.
In another development, the Kentucky Department
of Education has given Bevin's administration the
names of teachers possibly involved in sickouts
after receiving a subpoena from the state. State
Education Commissioner Wayne Lewis notified
the affected school districts about the subpoena
and the department's decision to comply.
"While KDE complied with the subpoena, KDE
continues to maintain the confidentiality of the
documents and is not releasing the documents
publicly," Lewis said in his notification. "In
addition, KDE has informed the Labor Cabinet
that, to date, it has not undertaken any
investigation concerning specific individuals
named in the produced records."
The Labor Cabinet said Friday that the subpoenas
"are merely a first step in the Cabinet's
investigation and do not indicate what action, if
any, may ultimately be taken by the Cabinet."
Copyright 2019 Associated Press. All rights
reserved. This material may not be published,
broadcast, rewritten, or redistributed.
Fight surfaces over which court should
hear subpoena case
FRANKFORT, Ky. (AP) - A legal fight between
Gov. Matt Bevin's administration and the state's
attorney general over subpoenas sent to
Kentucky school districts as part of an
investigation into teacher sickouts has expanded
to include which court should hear the case.
State Labor Cabinet attorneys on Thursday filed a
notice of removal that shifted the case to federal
court. The state's labor secretary is named as
the defendant in the lawsuit. The cabinet has the
authority to investigate illegal work stoppages
and impose individual fines.
Attorney General Andy Beshear's office said
Friday it will contest the new venue.
"We are going to ask the federal court to return it
to state court where it should be," the AG's office
said in a statement.
ADVERTISEMENT
Beshear filed the suit in Franklin County Circuit
Court to try to block the subpoenas issued by
Bevin's administration. The case was initially
assigned to a state judge who has drawn Bevin's
ire. Last year, the judge struck down a public
pension measure backed by Bevin. The state
Supreme Court upheld his ruling.
The subpoenas, sent to 10 Kentucky school
districts, seek the names of teachers who might
have used sick days to attend statehouse rallies
earlier this year, forcing some districts to cancel
classes. The protests, aimed at several education
bills, were part of a wave of teacher activism that
began last year in West Virginia and spread to
other states, including Oklahoma and Arizona.
The Labor Cabinet said Friday that federal court
is the proper venue to hear issues surrounding
the subpoenas.
In a statement, the cabinet said Beshear's "initial
filing raises a federal question related to the First
Amendment and should be heard by a federal
court, rather than Franklin Circuit Court."
Bevin has said Beshear's office deliberately
crafted the lawsuit so as to try to ensure it ended
up in state court.
The attorney general said the administration's
legal maneuvering to move the suit to federal
court was another example that "Matt Bevin and
his allies will stop at nothing in their attempts to
intimidate and attack teachers."
The case is wrapped up in election-year politics
and marks the latest feud between the
Republican governor and the Democratic attorney
general. Their confrontation could ultimately be
settled at the ballot box as Bevin is seeking re-
election this year and Beshear hopes to prevail in
a crowded Democratic primary later this month
to try to unseat him.
The attorney general's office said Beshear has
cited state labor law in arguing that the
subpoenas were unlawful.
He said the teacher absences had triggered no
disputes between teachers and their school
districts - a condition for an illegal work
stoppage under state law. He also said the labor
secretary doesn't have the authority to request
the information sought in the subpoenas.
The Jefferson County Teachers Association,
which represents teachers in Kentucky's most
populous county, joined Beshear in filing the
lawsuit.
In another development, the Kentucky Department
of Education has given Bevin's administration the
names of teachers possibly involved in sickouts
after receiving a subpoena from the state. State
Education Commissioner Wayne Lewis notified
the affected school districts about the subpoena
and the department's decision to comply.
"While KDE complied with the subpoena, KDE
continues to maintain the confidentiality of the
documents and is not releasing the documents
publicly," Lewis said in his notification. "In
addition, KDE has informed the Labor Cabinet
that, to date, it has not undertaken any
investigation concerning specific individuals
named in the produced records."
The Labor Cabinet said Friday that the subpoenas
"are merely a first step in the Cabinet's
investigation and do not indicate what action, if
any, may ultimately be taken by the Cabinet."
Copyright 2019 Associated Press. All rights
reserved. This material may not be published,
broadcast, rewritten, or redistributed.
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