FRANKFORT —
The Kentucky Personnel Board Friday ruled state Rep. Rocky Adkins, D-Sandy Hook, did not use his political clout to improperly influence the promotion of an employee of the Little Sandy Correctional Complex in Elliott County.
The board voted 4-3 to accept the conclusion of a hearing officer that Adkins did not use political influence to ensure the promotion went to Charles Pennington over Hershell Adkins, who is no relation to Rocky Adkins.
Adkins won the promotion to the $40,700-a-year position in December 2010 after interviews and evaluations of applicants by prison officials. Rocky Adkins, the Democratic House Majority Leader, had written a letter supporting Pennington for the job.
In January 2011, Department of Corrections Commissioner LaDonna Thompson overruled the officials who had given Hershell Adkins the job and instead awarded it to Pennington, who is the son of a former Elliott County judge-executive and sheriff.
When Hershell Adkins appealed Thompson’s decision, the personnel board determined Rocky Adkins had called Thompson and written a letter on legislative letterhead on behalf of Pennington’s application.
Under Kentucky’s Merit System law, the awarding of Merit System jobs is supposed to be free of any political influence or pressure.
While the board cleared Rocky Adkins of the allegation of political influence, it rejected the hearing officer’s recommendation that Hershell Adkins now be awarded the position. Instead, the board said the department must conduct the application and evaluation process again, this time considering seniority, applicants’ qualifications, their performance records and their conduct.
“I am pleased that the Personnel Board has reached a final decision in this matter,” Adkins said Friday afternoon. “Today’s opinion validates the ruling of the Legislative Ethics Commission pertaining to legislators.”
Adkins referred to earlier opinions by the Legislative Ethics Commission that lawmakers can make general recommendations for qualified job applicants.
Board Director Mark Sipek said the split vote concerned disagreement about the recommendation on the process for promotion rather than on whether Rocky Adkins used political influence to benefit Pennington.
In its written order, the board “finds that not knowing, or having incorrect information, as to seniority each candidate had means the appointing authority could not, and in this case did not, give appropriate consideration to the factors set forth in statute and regulation” governing promotion and hiring under the Merit System.
Sipek said Hershell Adkins will remain in his current job and Pennington will return to the position he held before the promotion.
“The idea would be the department will redo (the promotion process) in compliance with the regulation and conceivably those two individuals, and anyone else who meets the qualifications, could apply for it,” Sipek said. “I think it’s fair to say the board really wasn’t reviewing what Rep. Adkins did, the board was reviewing a promotional decision by the Department of Corrections.”
Earlier, Sipek said a conclusion to the board’s investigation into allegations that former Commissioner of Agriculture Richie Farmer abused the powers of his office is a long way off.
“As far as the investigation that is undergoing now, we’re still in the stage where we’re gathering documents,” he said. “We haven’t conducted any interviews yet and we’re probably months away from any kind of final action on that.”
RONNIE ELLIS writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. Follow CNHI News Service stories on Twitter at www.twitter.com/cnhifrankfort.
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