Request By:
Hon. James S. Secrest
Allen County Attorney
Box 35
210 W. Main Street
Scottsville, Kentucky 42164
Opinion
Opinion By: Steven L. Beshear, Attorney General; John H. Gray, Assistant Attorney General
Thank you for your letter of December 15, 1980 in which you ask several questions regarding KRS 135.735 and the Office of Treasurer of a Public Library District Board.
Your first question asks whether KRS 135.735 requires that the treasurer of the Allen County Library District be a member of the Library Board. It is felt that your thinking on the matter is correct, and that a literal meaning of the statute makes it implicit that the members of the Board shall elect from their number a treasurer, as well as a president and a secretary. All three officers must be members of the Board.
Your next question asks whether the Board Member/Treasurer may employ (and pay from Library Board funds) a person to actually do the work of the treasurer under the Member/Treasurer's supervision. KRS 173.755 authorizes the treasurer of the Board to disburse money for the uses and purposes of the District, in the manner prescribed by the bylaws. Seemingly, the employment of a person to do the actual work of the treasurer, if permitted by the bylaws, would qualify under the "uses and purposes of the District" language of KRS 173.755 and would, therefore, be an authorized expenditure.
Your final question asks if the Board is required to advertise for bids on the bond that the treasurer is required to give for faithful performance. Under KRS 173.735, it is the treasurer and not the Board who is to give the performance bond. Therefore, there is no requirement that the Board advertise for bids.
We hope these comments answer your questions. If you need further assistance, please feel free to contact us.