Request By:
Mr. Daniel R. Braun
Assistant City Solicitor
Department of Law
Fourth and York Streets
Newport, Kentucky 41071
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of June 29, in which you raise the question as to whether or not the Board of Commissioners may, pursuant to Sections 171 and 179 of the Constitution, contribute or donate taxpayers' money in the general fund to a nonprofit organization such as the Northern Kentucky Emergency Medical Service which provides a voluntary paramedic service to residents of the city when requested to do so. The Service is requesting a 5 per capita from the city in order to continue to operate and provide the services mentioned, and the city would like to assist if they may do so legally.
This office has taken the position in many prior opinions, among them being OAG 81-193, copy attached, that the city cannot legally donate or contribute public funds to a private corporation over which it has no control. Certain exceptions exist as mentioned in the opinion, where the state legislature has specifically authorized such donations. As also pointed out, the basis of our conclusion that such an appropriation would be illegal is the Constitution itself, particularly Sections 3, 171 and 179.
On the other hand, we believe the city could contract with the nonprofit organization in question to render paramedic services to its citizens the same as it is specifically authorized to do with respect to contracting for emergency ambulance service pursuant to KRS 65.710 to 65.730. The city could also provide for paramedic service in conjunction with the operation of its own emergency ambulance service on behalf of the citizens of the city, as in the case of Ray v. City of Owensboro, Ky., 415 S.W.2d 77 (1967).
In addition to the above, the 1980 legislature enacted legislation providing for emergency medical services pursuant to KRS 211.950 to 211.958 and in so doing authorized cities and counties to join the state in a matching fund program for the purpose of purchasing ambulances and equipment, and providing for trained, emergency medical service personnel.
The answer to your second question concerning the right of the city to donate revenue-sharing monies appropriated by the United States Government to the organization in question would also be in the negative as such funds can only be used for lawful purposes. See 31 U.S.C., § 1241.