Request By:
Ms. Gail S. Redwine
111 Mallard Lane
Winchester, Kentucky 40394
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert L. Chenoweth, Assistant Attorney General
As a Clark County Board of Education member, you have asked the Office of the Attorney General for an opinion as to whether the board may rescind the administrative salary schedule adopted at the June board meeting and adopt a new administrative salary schedule having smaller increases in increments. Also, as a part of this issue, you have expanded your inquiry during a telephone conversation to ask whether a recommendation from the local superintendent is required before the board may adopt a salary schedule and, if so, may the board adopt a schedule differing from that recommended by the superintendent.
It is our opinion that the board may not now change the salary schedule adopted for administrators. Several factors are involved in this conclusion. KRS 161.760(1) requires a local board to give notice "not later than July 1 to each teacher who holds a contract valid for the succeeding school year, stating the best estimate as to the salary to be paid such teacher during such year." This statutory provision further states:
"But nothing herein shall prevent increases of salary after the board's annual notice has been given."
And, additionally, the statute provides that teachers who refuse assignment shall notify the superintendent in writing not later than July 15. We believe these statutory dates are critical. They present times and deadlines which individual teachers/ administrators as well as the local board may act in good faith reliance on. Contractual obligations clearly are involved. A teacher/ administrator, upon receiving the notice of the administrative salary increment over and beyond the single salary schedule figure, may have decided to remain at the Clark County Schools rather than seek like kind of employment in another school system. The seemingly single reason a board could rescind action of this nature after July 1 is if such a salary schedule would put the school system in a deficit budget posture. A school board may not vote for expenditures in excess of anticipated income (OAG 65-528) and are proscribed in this regard by statute and constitutional provision. KRS 160.550 and Kentucky Constitution, § 157.
Your second question prompts a wide-ranging review of our school laws and regulations. Compensation of its employees is a matter within the domain of the local board of education. KRS 160.290(1) provides:
"Each board shall exercise generally all powers in the administration of its public school system, appoint such officers, agents and employees as it deems necessary and proper, prescribe their duties, and fix their compensation and terms of office."
KRS 160.360 authorizes assistant superintendents "whose compensation shall be fixed by the board." KRS 160.390(1) authorizes necessary clerks and the "salaries of the clerks shall be determined by the board." In KRS 157.320(12) "single salary schedule" is defined as "a schedule adopted by a local board and approved by the State Board of Education upon recommendation of the Superintendent of Public Instruction which is based on training, experience and such other factors as the State Board of Education may approve and which does not discriminate between salaries paid elementary and secondary teachers. " The board is to have policies on file relating to several personnel matters, including salary schedules. KRS 160.340. See also 702 KAR 3:070 on teachers' salary schedules.
As to the superintendent's role in regard to salary schedules, KRS 160.370 provides that the superintendent is to be the professional advisor to the board in all matters. KRS 160.390(2) directs that the local superintendent is to prepare or have prepared salary schedules. However, there is not to be found any statute requiring as a condition precedent to adoption and approval by the local board a formal recommendation of the superintendent as to the salary schedule. By "formal recommendation" we are speaking of a recommendation function in the sense as required concerning employment, termination, transfer, etc., of school employees. See KRS 160.380, 161.740, 161.750, 161.760, 161.790. Thus, while we believe a clear obligation rests with the local school superintendent to professionally advise and to prepare salary schedules, we believe the local board is in a position of adopting as is or modifying the tendered salary schedule as it, in exercising its discretion consistent with state laws and budgetary constraints, deems necessary.