Request By:
Mr. James S. Secrest
Allen County Attorney
Box 35
Scottsville, Kentucky
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The citizens of Allen County just voted to establish an emergency Ambulance Service District, as provided in KRS 108.100. The affaire of the district will be controlled and managed by a board of directors appointed by fiscal court and city legislative bodies. KRS 108.110. See KRS 108.140 for powers and duties of the directors.
You ask whether the fiscal court of city council may appoint one or more of its members or any other city or county officials to the board?
The ambulance service district is a separate taxing district within the meaning of § 157 of the Kentucky Constitution. KRS 108.100(3).
We find nothing in KRS Chapter 108 that would prevent such county and city officers from lawfully serving on the board of directors.
Since the office of director is neither a county nor city office, we find nothing in § 165 of the Kentucky Constitution nor in KRS 61.080 that would prevent their lawfully serving on that board. The separate taxing district is sort of a hybrid. See
City of Louisville M.H. Com'n v. Public Housing Admin., Ky., 261 S.W.2d 286 (1953).
If the board has before it a matter involving the fiscal court or city government, the fiscal court or city council members on the board should refrain from voting on or participating in such business. In such situation a practical or common law incompatibility would be involved. It would be presumed that in that situation (involving fiscal court or city council) such board members, who are also members of fiscal court or city council, could not execute the board's business with impartiality and honesty.