Request By:
Mr. Horace D. Lasher
Chairman, Board of Trustees
City of Salem
P.O. Box 234
Salem, Kentucky 42078
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of December 19 in which you refer to KRS 88.060 and raise the following question:
". . . can three (3) members of the Board of Trustees transact all business and function with a three (3) to two (2) division of the Board of Trustees?"
In response to your question we initially refer you to KRS 88.040 which provides, pursuant to subsection (3), that at any meeting of the board, a majority of the members shall constitute a quorum, which in this case would be three (3) of which a majority vote of two (2) would be sufficient to pass most matters before the board, with the exception of those ordinances incurring a liability or requiring an appropriation exceeding fifty dollars ($50), in which case it would be necessary to have an affirmative vote of four (4) members of the five (5) member board pursuant to KRS 88.060.