Request By:
Mr. Al Sullivan, Superintendent
Adair County Schools
Columbia, Kentucky 42728
Opinion
Opinion By: Robert F. Stephens, Attorney General, Robert L. Chenoweth, Assistant Attorney General
As Superintendent of the Adair County Schools you have asked for an opinion on the following three questions.
1. Is a board of education required to bid classrings when the sale is between the student and ring company and said funds do not go thru the school financial records?
2. Can a board accept a bid on yearbooks and school pictures which gives each school a commission on sales?
3. Is it legal to reduce time and salary on an employee who is on tenure and now employed on a twelve month basis (salary computed on Foundation Program allotment) as teacher and coach? Reduction to be based on relieving him of coaching duties and placing him on 9-1/4 month basis as teacher?
Enclosed is a photocopy of OAG 75-618 which we believe is principally dispositive of your first two questions. As regards your first question, a school need only bid items where there is going to be an expenditure of school money, including school activity funds, in excess of $2500.00. If the contract relating to the purchase of classrings by students at your school will in no way involve school funds, bidding will be unnecessary. See KRS 424.260 and 702 KAR 3:130, 3:140, copies enclosed.
As for your second question, this matter was discussed at length in OAG 75-618. It was our opinion that "the 'commission,' 'kickback,' or 'rebate' system should be eliminated from the yearbook production program."
Your third question was discussed in OAG 75-369, copy attached. The applicable law is KRS 160.380 and 161.760. The critical date involved in this consideration is May 15.