Request By:
Mr. Don Wiggins
President and Consumer Advocate
Concerned Citizens and Businessmen of Central Kentucky, Inc.
151 Prosperous Place
Lexington, Kentucky 40509
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Anne E. Keating, Assistant Attorney General
You have asked this office if there is a conflict of interest law that would prohibit a school board member from voting on a salary increase for teachers in the school system who are relatives of that board member.
Kentucky Revised Statute 160.180 sets forth eligibility criteria for membership on a school board. Subsections 2 and 3 describe behavior that would constitute a conflict of interest thereby making a school board member ineligible to continue to serve. They state in pertinent part:
(2) No person shall be eligible to membership on a board of education:
(g) Who, at the time of his election, is directly or indirectly interested in the sale to the board of books, stationery, or any other property, materials, supplies, equipment, or services for which school funds are expended . . .
(3) If, after the election of any member of the board, he becomes interested in any contract with or claims against the board, of the kind mentioned in paragraph (g) of subsection (2) of this section, . . . or if he attempts to influence the hiring of any school employee, except the superintendent of schools or school board attorney, . . . he shall be subject to removal from office pursuant to KRS 415.050 and 415.060.
Nothing in this statute prohibits an existing board member from voting on salary increases for teachers in the school system who are relatives of the school board member. In the past, when it was permissible for relatives of school board members to be hired, the school board member was prohibited from voting on the appointment of that relative unless there was already a majority vote of the board for that person. This office was asked on a previous occasion whether a board member would be prohibited from voting to approve the payment of the salary of someone previously employed who was related to the board member. We concluded that the board member would not be prohibited from voting to approve the payment of that individual's salary once hired, nor would the board member be prohibited from voting, in general, on across the board personnel matters, even when a relative might be affected. OAG 78-159.
While House Bill 940, the Kentucky Education Reform Act passed by the General Assembly in 1990, no longer permits the school boards to be involved in individual personnel decisions, the Act does continue to give the local school board "control and management of all school funds," including the setting of "compensation of employees." KRS 160.290(1). OAG 91-10. (Of course, House Bill 940 placed strict limits on nepotism, as well).
Therefore, in response to your question, there is no conflict of interest statute prohibiting school board members from voting on general salary increases that affect teachers in the school system who are related to those board members.