Skip to main content

Request By:

Mr. Kenneth S. Baker
Perry County Attorney
P.O. Box 1096
Hazard, Kentucky 41701

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General

You ask whether or not the county attorney can serve as a member of the county airport board. Of course the members of a county established airport board are appointed by the county judge/executive under KRS 183.132. Subsection (10) of that statute provides in part that "No board member shall hold any official office with the appointing authority." While the language used here is somewhat awkward, it is our view that the legislature intended that no one should serve as a board member if he holds any official position under the county judge/executive. When you consider that the county attorney, as a constitutional officer, is an elected official who works with the fiscal court and the county judge/executive, it can be seen that he does not work under the county judge/executive. He does not take orders from the county judge/executive as such. We conclude that the county judge/executive may legally appoint the county attorney as a member of the county airport board. Here we are only giving the statute its ordinary meaning. Old Lewis Hunter Distillery Co. v. Kentucky Tax Commission, 302 Ky. 68, 193 S.W.2d 464 (1946).

Disclaimer:
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.
Type:
Opinion
Lexis Citation:
1978 Ky. AG LEXIS 217
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.