Olathe — Eight former employees of the Johnson County district attorney's office filed suit Tuesday against District Attorney Phill Kline, claiming he didn't have the right to fire them or refuse to participate in a county grievance hearing over their removal.
A district judge approved a temporary restraining order, putting Kline's decision to fire the seven assistant district attorneys and a chief investigator on hold, pending a Jan. 23 hearing.
Judge Kevin Moriarty's decision also ordered Kline to participate in and abide by the decision of a county grievance hearing, but said that process wouldn't start until after the court hearing.
Kline spokesman Bob Murray declined to comment, citing a court order that attorneys on both sides not to talk to reporters.
Attorney Joe Colantuono, who is representing the eight employees, also declined comment, citing the gag order.
The eight workers lost their jobs Jan. 8 after Kline took office as the replacement for Paul Morrison, who ousted Kline as Kansas attorney general in the November election.
In a news conference last week, Colantuono said the employees were dismissed without warning or explanation, which he said was a violation of the state's policy covering public employees. He said the move threatened to cause a major disruption in the county's criminal justice system because the attorneys had to leave several cases hanging.
Comments
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Ragingbear (anonymous) says…
I am gonna really laugh when Kline finds himself in jail, and his Bush buddies don't have the clout or pull to get him out.
ksdivakat (anonymous) says…
I thought kansas was hire and fire at will! If they can file a suit over their jobs then why couldnt everyone else in kansas do the same? These 8 people expect to be above what everyone else in the state has to live by. I dont like Kline, but I dont understand how they can file suit, doesnt seem right to me, anyone else who gets fired from their job usually licks their wounds and goes on about their business.....why would these people want to work in this office after this anyway??
the_overnighter (anonymous) says…
Kansas is an at will state. But don't all employees working for elected positions work "at the pleasure of"?
deec (anonymous) says…
Government employees have specific procedures they can utilize in the event of termination. Kline refused to participate in these mandated procedures. That's why they are suing.
If Kline's appointees chose to resign, that's their choice. They were not fired. There's a difference. Maybe Morrison fired a bunch of incompetent cronies of Kline's, who like Kline, had no experience or training. I would imagine, for example, his nephew the drug user was not retained.
sourpuss (anonymous) says…
If you have a job where you serve at the whim of elected officials, then you can't expect a lot of job security. Unless Kline somehow violated a contractual obligation to these employees, then I don't know what the issue here is. There is always turnover when political officials change, especially across party lines. They would probably be better served looking for new jobs, in terms of time and effort. I don't like Kline in the least, but I thought this was just how this sort of thing was done? Ah well, the lawyers are certainly on the case on this one...
just_another_bozo_on_this_bus (anonymous) says…
In government, political appointees can be fired at will by whoever gets elected their boss. Civil service employees can only be fired for cause or financial exigency (ie, their funding is cut.)
Those losing their jobs at the AG's office were almost certainly political appointees. There are few if any political appointees in a DA's office, although you can be sure that Kline will thoroughly politicize every aspect of it under his administration-- that's why these 8 were fired.
trinity (anonymous) says…
oh man, i can't believe anybody would support phill the pill in this firing. one of the attorneys happens to be one of THE best juvvie attorneys around-with 20 years' experience!!!
someone justify his firing for me? anyone? anyone?
shirinisb (anonymous) says…
trinity-
he probably wore white after labor day
deec (anonymous) says…
They practiced law, not politics?
bevy (anonymous) says…
It is correct to say that any political appointees can be fired for any (or no) reason. Live by the sword, die by the sword.
The larger question to me is - why would these positions be politically appointed? I have worked in state government, and although the heads of departments change with the elections, the staff on the ground remains the same unless they choose to leave. With something as important as prosecuting criminals - these front line jobs should NOT be appointed. Why not hire the most qualified people and keep them on?
That might avoid future debacles like we've seen here.
trinity (anonymous) says…
hah shir, you may be on to something! ;)
seriously, though; it just seems to me that phill wanted to wield a big ol' sword upon taking office in joco-and that he did. without much if any consideration of *who* he was axing let alone *why* he was axing them. and-could he have not done it in a bit more professional fashion?? good lord.
deec, your answer is likely the most appropriate. god knows we wouldn't want the underlings to outshine the inexperienced, show pony boss now would we?
Bumble_Bee_Braun (anonymous) says…
This is great!
Hopefully the Johnson County Eight just opened the Pandora's box of corruption in the Johnson County Courthouse that has been rampant for 18 years.
Morrison is a corrupt Republican, not an honesty Democrats. He did the switcheroo only after the feds were on his trail.
Everyone still misses the point. This is a corruption issue, not an abortion issue.
Please get past the politics and look at the evidence.
Stay Tuned.
Bumble Bee Braun
www.fairtrialsinamerica.org
conservative (anonymous) says…
Every time there is a new DA in a county the Assistant DA's have to worry if they will retain their jobs. Happens all the time. I'm pretty sure when Branson took over in Douglas county that people were let go.
Kline handled it like a baffoon, but ultimately he had the right to fire them. Usually the people are all given an "interview" with the new DA (even the ones he intends to fire) before they take office. This gives the appearance of not being entirely politically motivated even though we all know it usually is.
And I say this as someone who loathes Kline, voted against him, and think the group who put him in power in Johnson county made the most asinine decision possible.