Request By:
Mrs. Weston R. Loomer
278 Frogtown Road
Walton, Kentucky 41094
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert L. Chenoweth, Assistant Attorney General
You have asked the Office of the Attorney General to interpret Senate Bill 43 of the 1978 General Assembly Acts which amended KRS 160.160. This matter was considered in detail in OAG 78-648, copy attached.
You also have asked the office to review what you understand to be present policy of this office regarding the initiation and practicing of a quo warranto or removal proceeding against a public common school board member. The present policy of this office for the initiation of a quo warranto proceeding to oust a local school board member was set forth in OAG 65-111. We have reviewed this office policy and we are of the opinion the policy should be changed, which change will be set forth below.
Ouster proceedings are authorized by this office in accordance with KRS 415.050 and 415.060. KRS 415.050 specifies that the obligation rests solely with the Attorney General regarding the institution and prosecution of an individual other than a county officer for a usurpation of office. Usurpation is to hold office without right after having committed or omitted to do an act which by law creates a forfeiture of office. KRS 415.060. The General Assembly in 1978 amended the disqualifying acts of school board members' section of our school laws, KRS 160.180, to specifically reflect the relationship of KRS 415.050 and 415.060 to the removal process. A copy of KRS 160.180 is attached for reference.
The new procedure policy of the Office of the Attorney General relating only to the ouster of public common school board members is as follows:
1. Individuals having personal knowledge of the commission by a local school board member of a disqualifying act or acts prohibited in KRS 160.180 may submit to this office an affidavit stating such knowledge. An affidavit of the nature just described from at least three reliable and responsible citizens of the school district will be required.
2. Each affidavit shall go directly to the disqualifying factor or factors.
3. Any other written verification in support of the allegation of disqualifying factor or factors, such as a copy of the local school board minutes, where pertinent, should be submitted to this office.
4. If after careful and thorough consideration of the affidavits and any other reliable, trustworthy and relevant material by the Office of the Attorney General, it is determined that there exists reasonable cause to believe a local school board member has committed a disqualifying act or acts, the Office of the Attorney General will institute and prosecute to completion quo warranto proceedings against the board member.
To the extent this opinion modifies OAG 65-111, that opinion is withdrawn.