Request By:
Honorable Edward L. Fossett
Office Head
Legal and Legislative Services
Department of Education
Capital Plaza
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert L. Chenoweth, Acting Deputy Attorney General
As the attorney for the State Board for Elementary and Secondary Education you have asked the Office of the Attorney General to consider the question of when members of the State Board are entitled to per diem and expenses and when the members are only entitled to expenses. You stated that pursuant to KRS 156.060 you have advised the board members that each is entitled to expenses and per diem for each regular and special meeting of the Board. You have further advised the members each is entitled to only expenses when attending meetings of any other groups when engaged in other business of the Board which has been approved by the Board.
We believe you are correct in your analysis of KRS 156.060. The pertinent part of this statute reads as follows:
"Members of the Board may receive a per diem of One Hundred Dollars ($100.00) for each regular or special meeting attended and actual expenses for attending meetings, and may be reimbursed for other actual and necessary expenditures incurred in the performance of their duties authorized by the Board."
The literal language of the statute provides a per diem and actual expenses for attending regular or special meetings of the State Board for Elementary and Secondary Education. In other situations where matters relating to duties as a board member are performed, the board member is entitled to "actual and necessary expenditures" but not a per diem. As to the necessary authorization by the State Board for such duties, please refer to OAG 76-329, copy attached, wherein considered was similar language from KRS 160.280 applicable to local school board members.