Request By:
Mr. Gary Hardesty
Route 9
Marion, Kentucky 42064
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of July 18 in which you relate that you are running for membership on the Crittenden County School Board but at the present time you are a potato chip salesman, selling to three of the schools presumedly located within the jurisdiction of the county school board. You desire to know whether or not, if elected to the school board, you could continue to make sales to the county schools.
The answer to your question would be in the negative as you would be in violation of KRS 160.180 (1) (e) and (2). These provisions are as follows:
"(1) No person shall be eligible to membership on a board of education:
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"(e) Who, at the time of his election, is directly or indirectly interested in the sale to the board of books, stationery or other property, materials, supplies, equipment or services for which school funds are expended; or
"(2) 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 (e) of subsection (1) of this section, or becomes a candidate for nomination or election to any office or agency the holding and the discharging of the duties of which would have rendered him ineligible before election, or if he moves his residence from the district for which he was chosen, or if he does anything that would render him ineligible for re-election, his office shall without further action be vacant."
The above statutory provision prohibiting members of the board of education from having a direct or indirect interest in the sale of material, supplies, equipment or services for which school funds are expended would create a conflict of interest with respect to your continued sale of potato chips to the school after your election to the board of education. For your information, we are enclosing copies of the following opinions relating to this subject: OAG 71-33, OAG 72-110, and OAG 76-596.