OAG 90-22 | KOGC

Request By:

Hon. Thomas H. Bugg
Hickman County Attorney
217 East Clay Street
Clinton, Kentucky 42031

Opinion

Opinion By: FREDERIC J. COWAN, ATTORNEY GENERAL; NATHAN GOLDMAN, ASSISTANT ATTORNEY GENERAL

The question you wish addressed by this office is whether the county or the city may contribute $ 1,000 to the Hickman County PTO for the purchase of air conditioners to be placed in the county high school.

As we previously advised you informally, by letter dated February 5, 1990, education is a state function, not a city or county one. In OAG 86-23 we opined that a county could not donate money to someone to do something that it was itself not authorized to do. Consequently, we do not believe the county or the city could make the donation.

LLM Summary

In OAG 90-22, the Attorney General addressed a query regarding whether the county or city could contribute funds to the Hickman County PTO for air conditioners at a county high school. Citing OAG 86-23, the opinion reaffirmed that education is a state function and that local governments cannot donate funds for purposes they are not authorized to undertake, thus advising against the proposed contribution.

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