Request By:
Mr. David Wilson Curd
Attorney at Law
312 South Fourth Street
Suite 511
Louisville, Kentucky 40202
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 consider what you believe to be an inconsistency between two statutes involving public meetings and special called meetings in particular. You noted that KRS 61.825, part of the general state open meetings statutes, states that "A special meeting may be called. . . by a majority of the members of the governing body. . . ." You also noted that the Kentucky school law statute dealing with meetings of a local board of education, KRS 160.270, states "On request of three (3) members of the board the secretary shall call a special meeting. " You stated that in a situation where the usual number of local board members, five, does no exist, for example, Jefferson County Schools, where by statute the board is composed of seven members (KRS 160.210), following KRS 160.270 would permit a minority of the members to have a special meeting called even though if only a minority attended the meeting no action could be taken.
It is our opinion the provisions of KRS 160.270 regarding the manner in which a special meeting of a local board of education may be called must prevail. One reason for this conclusion, even if others did not exist, is that the specific language dealing with a particular body politic should be given deference over the general language applicable to all public agencies found in the open meetings statutes.
A more binding basis for the conclusion is found in KRS 61.850, which section is entitled "Construction" and reads as follows:
"KRS 61.805 to 61.850 shall not be construed as repealing any of the laws of the Commonwealth relating to meetings but shall be held and construed as ancillary and supplemental thereto."
Thus, we believe the legislature clearly evinced its intent to leave specific provisions such as those found in KRS 160.270 alone.
Two additional points have sufficient merit to be noted. One is the various other statutes governing meetings of particular public agencies which authorize less than a majority to call a special meeting. By way of example but not limitation, see KRS 164.060 (council on higher education); KRS 164.340 (the boards of regents for Eastern Kentucky University, Morehead State University, Murray State University, Western Kentucky University, Kentucky State University and Northern Kentucky University); and KRS 164.170 (University of Kentucky board of trustees).
The second point is that the 1978 General Assembly recognized where it wanted to the fact that some of the Kentucky school laws permitted certain actions be taken by only three members of a board of education when three members would not always represent a majority of a local board of education. The best example of this is the 1978 amendment to KRS 160.290(2). Prior to the 1978 amendment the language of this subsection was that it took the "affirmative vote of three (3) members of the board" to amend or repeal a board rule or regulation. The statute now reads, in pertinent part, to authorize such actions "by an affirmative vote of a majority of the members of the board." The General Assembly is aware of the unique numerical status of the Jefferson County Board of Education and the temporary numerical status that can develop in a merger of school districts situation.