FRANKFORT - The Kentucky Supreme Court upheld the constitutionality of sheriff's department merit boards, which have been created in some counties to oversee many personnel matters for deputies.

        The ruling issued Thursday overturns lower-court rulings, which said the merit boards were an unconstitutional invasion of executive power.

        Justice Martin Johnstone, who wrote the 5-2 majority ruling, said the power was transferred, not diluted.

        The ruling came in a case from McCracken County, where Sheriff Frank Augustus sued in 1999 to challenge the law after a fired deputy wanted his discharge reviewed.

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