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Request By:

Dr. William G. Buckman
Faculty Regent
Western Kentucky University
Bowling Green, Kentucky 42101


Opinion By: Robert F. Stephens, Attorney General; Robert L. Chenoweth, Assistant Attorney General

In your letter of December 6, 1976, to the Office of the Attorney General you requested us to consider a matter relating to your term as faculty regent at Western Kentucky University. You stated that you took office as faculty regent on October 26, 1974. You asked when your current term as faculty regent is to end and whether the answer to that question would depend upon the date of the next faculty regent election to be held, especially in view of the fact the election at which you were elected to your current term was held prior to October 26, 1974.

The applicable law to your question is found at KRS 164.320 (7), which reads as follows:

"(7) The non-voting faculty member shall be a teaching or research member of the faculty of his respective university or college of the rank of assistant professor or above. He shall be elected by secret ballot by all faculty members of his university or college of the rank of assistant professor or above. The faculty member shall serve for a term of three years and until his successor is elected and qualified. The faculty member shall be eligible for re-election but he shall not be eligible to continue to serve as a member of such board if he ceases being a member of the teaching staff of the university or college. Elections to fill vacancies shall be for the unexpired term in the same manner as provided for original election. "

This statute does not specifically fix the time for the beginning of the term of office of faculty regent. However, we believe the intent of this statutory section is that the term for the faculty regent begins to run from the date the office is taken and for the length of time fixed by the law (three years). Cf. 3 McQuillin, Municipal Corporations, § 12.99.

The fact that your election to the position on the board of regents occurred prior to the time you could assume office does not shorten your three-year term by the time difference between the election date and the date of actual assumption of office. By the same token the fact that the election for your successor or for your own re-election may take place prior to the completion of your three-year term will not in any way shorten your term.

The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Lexis Citation:
1977 Ky. AG LEXIS 764

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