Request By:
Mr. Kirk A. Peck, Principal
Botts Elementary School
U.S. 460
Post Office Box 37
Denniston, Kentucky 40316Mr. Roy T. Burton
Assistant Superintendent
Boone County Schools
8330 U.S. 42
Florence, Kentucky 41042
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Anne E. Keating, Assistant Attorney General
In separate letters to this Office, you have asked for an Opinion on whether members of school councils are entitled to receive compensation for their services to the school. School councils are authorized under KRS 160.345, and are currently implemented upon a two-thirds vote of the faculty. KRS 160.345(5). Each council is composed of two parents, three teachers, and the principal or administrator. KRS 160.345(2)(a). Each of you has pointed out that in order to implement the responsibilities of the council, a substantial investment of time will be necessary outside of regular work hours. You ask whether the council members may be compensated for their extra time and responsibility in the form of a monetary stipend or release time.
The mandate to implement school-based decision making in all schools by July 1, 1996, has not been accompanied by an appropriation of funding specifically to compensate members of the council for expenditure of extra time and responsibility. The funding provided for the school councils is allocated to each council by the State Board for Elementary and Secondary Education, and is currently for instruction. KRS 160.345(8). 702 KAR 3:240. In addition, a school council discretionary fund will be administered by the Department of Education which will establish eligibility guidelines for receipt of the funds by each council. KRS 160.345(9) At present, the discretionary fund has not been appropriated by the General Assembly.
The right of a public officer or employee to receive compensation is limited to that compensation fixed by law. E. McQuillan, Municipal Corporations , Sections 12.174b and 12.193 at pp. 10 and 93 (3d ed.) citing Fisher v. Paducah, 256 Ky. 300, 76 S.W.2d 21 (1934), and Webster v. Nance, Ky., 362 S.W.2d 723 (1962). Therefore, per diem payments to council members are only permissible upon authorization by the General Assembly.
In addition, KRS 64.710 prohibits payment of a lump sum expense allowance:
No public officer or employe shall receive or be allowed or paid any lump sum expense allowance, or contingent fund for personal or official expenses, except where such allowance or fund either is expressly provided for by statute or is specifically appropriated by the general assembly.
While this statute prohibits payment of a lump sum expense allowance, to officers or employees, it does not preclude payment of actual and necessary expenses. Funk v. Milliken, Ky., 317 S.W.2d 499 (1948); Whorter v. City of Richmond, Ky., 514 S.W.2d 678 (1974); Manning v. Sims, Ky., 213 S.W.2d 577 (1948).
Nevertheless, KRS 160.345 does not require that the duties and responsibilities be performed outside of the school day. To the extent that it is not possible to incorporate the new duties during the normal school day, you may wish to present a recommendation to the General Assembly concerning the adoption of legislation authorizing a per diem payment to members of school councils for performance of duties and responsibilities outside of regular school hours.