Request By:
Hon. Patricia Todd Thomas
General Counsel
Fayette County Board of Education
701 East Main Street
Lexington, Kentucky 40502-1699
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Nathan Goldman, Assistant Attorney General
In your letter you ask for our opinion on whether or not the Fayette County Board of Education may submit the following question to the voters pursuant to KRS 160.477(1)(a):
"Are you for or against levying in Fayette County School District, the continuation of a Special School Building Fund Tax in addition to the maximum school General Fund Tax levy, at the rate of "XX" cents on each $ 100 of assessed valuation of property subject to school taxation in said district, the proceeds thereof to be used for the purchase or lease of school sites, and buildings, for the erection and complete equipping of new school buildings, for the major alteration, enlargement, and complete equipping of existing buildings, for the purpose of retiring, directly or through rental payments, school buildings revenue bonds issued for such school building improvements, and for the purpose of financing any property for the acquisition, improvements, or building of schools?
For Against "
You have explained that the voters of Fayette County initially approved a special voted building tax some time ago which was to expire at a particular time. Prior to the expiration of that tax, the Board would like to seek its continuation through the above-quoted ballot question.
This question was answered in Stagg v. Board of Education of Danville Independent School District, Ky., 303 S.W.2d 313 (1957). In that case, the voters had approved a tax in 1950 that was to expire in 25 years. In 1957 the Board asked the voters to extend the tax for five years, which they did. This continuation election was challenged. The Court upheld the election, stating: "Where the voters have fixed a time limit, we do not find in the statute itself any indication of an expression of policy against a subsequent vote to extend the limit." Id at 314. The Court decided that the continuation election did not violate any public policy.
Based on this case, it is our opinion that the Fayette County Board of Education may hold a continuation election with a ballot question as framed above.