FROM BULLITT CIRCUIT COURT HONORABLE RODNEY BURRESS, JUDGE
ACTION NO. 15-CI-00262
FOR APPELLANT: Michele Henry Louisville, Kentucky
FOR APPELLEE: Eric G. Farris Joe M. Mills Shepherdsville,
BEFORE: DIXON, LAMBERT, AND L. THOMPSON, JUDGES.
administrative appeal, Janet Alvey seeks review of the
February 7, 2018, opinion and order of the Bullitt Circuit
Court upholding the Bullitt County Board of Education's
decision to terminate Alvey's employment at Brooks
Elementary School. We affirm.
repeat the procedural posture contained in the circuit
court's order, namely:
After eleven years of employment, [Alvey] was terminated from
her position as a Secretary/Bookkeeper on December 10, 2014.
[Alvey] exercised her right to a due process hearing pursuant
to the instructions tendered in [Alvey's] Notice of
Termination. The initial hearing was held on February 9,
2015. At the hearing, the Hearing Officer, Karen Hayden,
recommended that [Alvey's] termination be upheld. [Alvey]
appealed the decision to the Circuit Court, arguing that the
hearing failed to comply with statutory guidelines, that the
finding was not supported by substantial evidence, and that
the hearing failed to afford [Alvey] due process of the law.
[The Bullitt County Board of Education] then moved for a
Judgment on the Record, or, in the alternative, Summary
Judgment. A hearing was then held in this Court on February
In its March 6, 2016 Order, this Court found that (1) [Alvey]
received adequate notice satisfying constitutional due
process, (2) Ms. Hayden's lack of formal legal training
did not violate due process, (3) there was insufficient
evidence to find that Ms. Hayden was anything other than a
neutral, detached decision maker, and (4) [Alvey] was
afforded a hearing in which evidence was taken and weighed.
This Court further found that the record was insufficient to
determine whether the [Board] complied with KRS [Kentucky
Revised Statute] 161.011(9)(c) and that there were
insufficient findings of fact to determine whether the
decision to terminate [Alvey] was supported by substantial
evidence on the record. As such, this matter was remanded to
the Bullitt County Board of Education.
A second hearing was held by Ms. Hayden on May 18, 2017 to
address the issues set forth in this Court's Order.
Subsequently, [the Board] renewed its Motion for Summary
Judgment and it is now under submission.
circuit court ultimately found that there was substantial
evidence in the record to support the Board's decision to
terminate Alvey's employment. Alvey appeals, making the
same arguments, now couched in terms of allegations of
circuit court error for upholding the Board's decision.
our standard of review in administrative appeals is as
The purpose of judicial review of an appeal from an
administrative agency is to ensure that the agency did not
act arbitrarily. Baesler v. Lexington-Fayette Urban
County Government, 237 S.W.3d 209 (Ky. App. 2007). If
the Court concludes that the agency applied the correct rule
of law to the facts supported by substantial evidence, the
final order of the agency must be affirmed. Bowling v.
Natural Resources and Environmental Protection Cabinet,
891 S.W.2d 406 (Ky. App. 1994).
Commonwealth, Energy and Environment Cabinet v.
Spurlock, 308 S.W.3d 221, 223 (Ky. App. 2010).
Substantial evidence is defined as "evidence of
substance and relevant consequence having the fitness to
induce conviction in the minds of reasonable men."
Owens-Corning Fiberglas Corp. v. Golightly, 976
S.W.2d 409, 414 (Ky. 1998). "The administrative
agency's findings will be upheld even though there exists
evidence to the contrary in the record." Kentucky
Unemployment Ins.Comm' ...