The board is actually looking at the actions of Transportation Cabinet Inspector General David Ray, who hired Duncan. State Personnel Commissioner Brian Crall told the board that there's evidence Duncan was "pre-selected" by Ray for his job as an investigator. Crall claims two other qualified applicants who already worked for state government may have been improperly passed over for Duncan's job. The Personnel Board voted 5-1 to launch the investigation at Crall's request.

That same Personnel Board recently sided with Duncan in his complaint against the Transportation Cabinet, claiming he was fired for political reasons. One of the key witnesses for Duncan in that case was his former boss, David Ray. Now, the same attorney who represented Duncan in his winning case against the Transportation Cabinet is representing Ray in the new investigation. Louisville lawyer Tom Clay says the move by Crall to push for an investigation of I.G. Ray is designed to try and delay Duncan's reinstatement to his old job in the I.G.'s office and to try and besmirch the reputation of Ray. Ray is the retired head of the U.S. Secret Service office in Kentucky.

Clay says the Fletcher administration shouldn't be messing with Ray because he's already been granted whistleblower protection by the state Attorney General's Office. That happened in June 2005 when Ray appeared before the Special Franklin County Grand Jury that was investigating allegations of illegal hiring, firing and promotion of state employees, including Duncan, by the Fletcher administration.