Skip to main content

Request By:

Mr. Howard Wilkerson
Route 2
Hickman, Kentucky 42050

Opinion

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

This is in answer to your letter of August 24 in which you indicate that you may seek board membership on the Fulton County Board of Education at the coming fall election. You also relate that you have a brother who is serving as Principal of Fulton County High School. You raise the question as to whether or not a conflict of interest would exist if you were elected to the board and your brother continued to serve as principal.

Our response to your question would be in the negative. KRS 160.180 details the qualifications and disqualifications for school board members, and the only provisions pertaining to your question would be subsection (4), which reads as follows:

"No member of a board of education shall vote regarding the appointment or employment in any capacity of any person related to him as father, mother, brother, sister, husband, wife, son, daughter, nephew, niece, aunt, uncle, son-in-law, daughter-in-law or first cousin, and the majority vote of the remainder of the board is required in case of appointment or employment of such person."

Under the circumstances [if otherwise qualified] you could become a candidate for and serve on the Fulton County Board of Education even though your brother serves as principal in the county school system, however, subsection (4) of KRS 160.180 would prevent you from casting any vote concerning his employment or reemployment. See OAG's 75-416 and 66-258.

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 228
Neighbors

Support Our Work

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