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RENDERED: AUGUST 6, 2010; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals
NO. 2008-CA-001647-MR DEAN CVITKOVIC AND CHAD CARR

APPELLANTS

v.

APPEAL FROM MONTGOMERY CIRCUIT COURT HONORABLE WILLIAM B. MAINS, JUDGE ACTION NO. 07-CI-90057

DANIEL FREEMAN, IN HIS INDIVIDUAL CAPACITY AND HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF MONTGOMERY COUNTY SCHOOLS; RICK MATTOX, IN HIS INDIVIDUAL CAPACITY AND IN HIS OFFICIAL CAPACITY AS ASSISTANT SUPERINTENDENT OF MONTGOMERY COUNTY SCHOOLS; MONTGOMERY COUNTY PUBLIC SCHOOLS; AND THE BOARD OF EDUCATION OF MONTGOMERY COUNTY, KENTUCKY

APPELLEES

OPINION AFFIRMING ** ** ** ** **

BEFORE: TAYLOR, CHIEF JUDGE; KELLER AND MOORE, JUDGES. TAYLOR, CHIEF JUDGE: Dean Cvitkovic and Chad Carr bring this appeal from a July 30, 2008, summary judgment of the Montgomery Circuit Court dismissing their complaint against Daniel Freeman, in his individual capacity and his official capacity as Superintendent of Montgomery County Schools, Rick Mattox, in his individual capacity and in his official capacity as Assistant Superintendent of Montgomery County Schools, Montgomery County Public Schools, and the Board of Education of Montgomery County, Kentucky (collectively referred to as appellees). We affirm. Cvitkovic and Carr were principal and assistant principal, respectively, of the McNabb Middle School in Montgomery County. Daniel Freeman was superintendent of the Montgomery County School System. Freeman suspended Cvitkovic with pay from his position as principal of the middle school and reassigned him to a teaching position at Hillcrest Hall Treatment Center pending an investigation into the charges of insubordination under Kentucky Revised Statutes (KRS) 161.790(1)(a), immoral character or conduct unbecoming a teacher under KRS 161.790(1)(b), and inefficiency, incompetence, or neglect of duty under KRS 161.790(1)(d). Shortly thereafter, Freeman also suspended Carr from his position as assistant principal of the middle school pending an investigation. The charges leveled against Carr were insubordination under KRS 161.790(1)(a), and immoral character or conduct unbecoming a teacher under KRS 161.790(1)(b), "specifically -2-

as related to moral turpitude involving a student(s) and possibly, employees." Unlike Cvitkovic, Carr was initially suspended without pay and, thus, was not reassigned to another position within the school system.1 Both Cvitkovic and Carr were suspended with the following caveat: "[a]fter this investigation, charges will be delivered to you or you will be reinstated to your former position." However, Cvitkovic and Carr each voluntarily resigned from their positions as principal and assistant principal while the investigations were still in progress and before any final determination by Freeman. Subsequently, Cvitkovic and Carr filed a complaint in the Montgomery Circuit Court against appellees. Therein, Cvitkovic and Carr alleged that appellees violated KRS 61.102 by improperly retaliating against them, violated KRS 344.040 by creating a hostile work environment, violated the Kentucky Constitution

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