Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

kay1864

(5,064 posts)
Thu Sep 10, 2015, 02:18 PM Sep 2015

Let's say the following Kim Davis scenario unfolds...

1. She shows up for work Monday, fires everyone but her son (hey this is Kentucky, she can probably fire them for not having their pens lined up or something)
2. She appoints members of her church so that she can be surrounded by godly people and not heathens
3. Bunning finds them all in contempt, and they all martyr themselves to jail

Who names the replacements? County commissioner? Governor?
(note that replacements are needed even if #2 doesn't happen)

6 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Let's say the following Kim Davis scenario unfolds... (Original Post) kay1864 Sep 2015 OP
It's very hard to fire government workers lunatica Sep 2015 #1
To some extent you are right but supervisors upaloopa Sep 2015 #3
The county judge/executive then starts issuing licenses per Kentucky law... PoliticAverse Sep 2015 #2
That could potentially last a long time kay1864 Sep 2015 #4
Interesting question PJMcK Sep 2015 #5
Yep, the scenario above is how I foresee her defying the court kay1864 Sep 2015 #6

lunatica

(53,410 posts)
1. It's very hard to fire government workers
Thu Sep 10, 2015, 02:20 PM
Sep 2015

but if she did she would probably be facing many wrongful firing law suits.

upaloopa

(11,417 posts)
3. To some extent you are right but supervisors
Thu Sep 10, 2015, 02:25 PM
Sep 2015

use the performance review system to get rid if you. Where I work (county government) three bad reviews and you are out and there is no appeal process and our union can't help. You would have to sue once you are fired at your own expense. And the county has a bank if attorneys on their side with experience protecting the supervisors.

PoliticAverse

(26,366 posts)
2. The county judge/executive then starts issuing licenses per Kentucky law...
Thu Sep 10, 2015, 02:24 PM
Sep 2015
http://www.lrc.ky.gov/Statutes/statute.aspx?id=36490

402.240 County judge/executive to issue license in absence of clerk.

In the absence of the county clerk, or during a vacancy in the office, the county
judge/executive may issue the license and, in so doing, he shall perform the duties and
incur all the responsibilities of the clerk. The county judge/executive shall return a
memorandum thereof to the clerk, and the memorandum shall be recorded as if the
license had been issued by the clerk.

kay1864

(5,064 posts)
4. That could potentially last a long time
Thu Sep 10, 2015, 02:30 PM
Sep 2015

Her term isn't up until Jan 2019. Unless the legislature called a special election.

Either way, adding license plates, marriage licenses, and everything else that (apparently) keeps a county clerk and 6 deputy clerks busy...could really tax the resources of a county judge's office.

PJMcK

(22,038 posts)
5. Interesting question
Thu Sep 10, 2015, 02:56 PM
Sep 2015

You've outlined an interesting scenario, kay1864 but I think there are other variables to this story.

First, the public statements by Ms. Davis and her advisors have made it clear that they aren't finished yet. Whatever their strategy is, this story will have more drama. I think she's going to defy the court.

Second, I read elsewhere today that the Oathkeepers who stood with Cliven Bundy are assembling in Rowan County to protect Ms. Davis from being re-incarcerated. If it's an armed stand-off, anything could happen.

Third, she probably knows the inner workings of the County pretty well and could gum up the operations, possibly without violating Judge Bunning's orders. I'm not sure how, but there will certainly be more time for her to explain herself to the court.

There are probably more things that will influence this mess. Zealots rarely give up. This is not going to end well.

kay1864

(5,064 posts)
6. Yep, the scenario above is how I foresee her defying the court
Thu Sep 10, 2015, 03:03 PM
Sep 2015

Her options on Monday are:
1. Sit in her office with the blinds closed, and fume (and pray)
2. Order her staff to stop issuing licenses --> back to jail she goes
3. Insist that only she can issue licenses, and interfere with her staff doing so --> back to jail she goes
4. Fire her staff --> back to jail she goes

But there's no way she can gum up the operations without violating the orders. Either the licenses are being issued, or they're not. If she interferes with them being issued (directly or indirectly), it's a violation.

Latest Discussions»General Discussion»Let's say the following K...