OAG 78-235 | KOGC

Request By:

Mr. Allan S. Perry
Chairman, Big Sandy
Regional Airport Board
130 North Lake Drive
Prestonsburg, Kentucky 41653

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General

This is in answer to your letter of March 28 in which you raise the question as to the legality of the use of proxies in board meetings where members are unable to attend. You particularly have reference to the Big Sandy Regional Airport Board, Inc., established in accordance with KRS 183.132.

The general rule is that proxies cannot be used for or on behalf of absent members at meetings of any board unless the statute creating said board authorizes such use. We are enclosing a copy of OAG 78-157 which explains the law involved in your question.

Since we find no authorization for the use of proxies by members of the airport board created pursuant to KRS 183.132, the use of proxies by or on behalf of board members would be illegal. In other words, a board member must be present at a regular or called meeting in order to cast a valid vote on any subject to be acted upon by the board.

LLM Summary

The decision addresses an inquiry about the legality of using proxies at board meetings for members who are unable to attend. It concludes that proxies cannot be used unless explicitly authorized by the statute that established the board. In this case, the Big Sandy Regional Airport Board, Inc., does not have statutory authorization for proxy use, thus making the use of proxies by board members illegal. The decision cites OAG 78-157 to explain the legal principles involved.

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