Request By:
Mr. Donald Hensley
Board Member
Harlan County School Board
Box 282
Wallins Creek, Kentucky 40873
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 advise you concerning the school law on the situation of a school board member who continuously misses board meetings. You ask what action is necessary in order to replace this board member.
The applicable section of school law in this regard is KRS 160.270(1). The pertinent language of this subsection reads as follows:
"Any board member failing to attend three (3) consecutive regular meetings, unless excused by the board for reason satisfactory to it, shall be deemed to have vacated his office."
This statutory language is somewhat misleading in that the failure on the part of a board member to attend three successive regular meetings does not by itself create a vacancy in the board. Statements by affidavit from three individuals of the school district having personal knowledge of the successively missed meetings along with a statement by affidavit from the secretary to the board that the absences have not been excused by the board should be forwarded to this office for consideration. If this office, after reviewing the statements referred to above, along with any other relevant evidence on the matter, determines there is a basis in fact supporting the claims of unexcused excessive absences from regular board meetings, this office will take steps to authorize an ouster proceeding to be commenced against the board member in question. Enclosed is a copy of OAG 65-111 which explains in more detail the procedure followed by this office concerning requests for authorization of an ouster proceeding. See also the photocopy of the case of Commonwealth v. Mason, Ky., 284 S.W.2d 825 (1955).