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RENDERED:  APRIL 10, 2009; 10:00 A.M.
TO BE PUBLISHED

Commonwealth of Kentucky

Court of Appeals

NO. 2007-CA-001626-MR
COMMONWEALTH OF KENTUCKY,
DEPARTMENT OF REVENUE,
FINANCE AND ADMNISTRATION CABINET;
AND JOHN FARRIS APPOINTING AUTHORITY APPELLANTS

APPEAL FROM FRANKLIN CIRCUIT COURT
v. HONORABLE THOMAS D. WINGATE, JUDGE ACTION NO. 06-CI-00992
JEFFREY MCDONALD;
DONNA WALDRUM;
DONALD MOORE;
GERALD BROWNLEE;
AND COMMONWEALTH OF
KENTUCKY, PERSONNEL BOARD APPELLEES

OPINION
REVERSING

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BEFORE: CLAYTON, MOORE AND TAYLOR, JUDGES.
Finance and Administration Cabinet, appeals an opinion and order of the Franklin Circuit Court from a petition for review of a final order of the Personnel Board. This appeal involves a matter of statutory interpretation and because we decide that the Franklin Circuit Court and Personnel Board did not interpret the statute at issue correctly, we reverse.
The underlying facts of this matter are not complicated.  Jeffrey McDonald, Donna Waldrum, Donald Moore and Gerald Brownlee (collectively, the Appellees) are career employees of the Finance Cabinet employed as maintenance supervisors.  They are merit employees protected under Kentucky Revised Statutes (KRS) 18A, et seq.
On August 29, 2002, Marvin D. Mills, Jr., Director for Division of Building Services of the Finance Cabinet, issued a memorandum to

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Kentucky Law