Request By:
Mr. Roger D. Combs
Box 6
Hindman, Kentucky 41822
Opinion
Opinion By: Steven L. Beshear, Attorney General; Robert L. Chenoweth, Deputy Attorney General
As a member of the Knott County Board of Education you have asked the Office of Attorney General for an advisory opinion on the term of the board chairperson. As background to your question you stated that at the last meeting of the board of education, a majority wished to remove the present chairperson; however, you were advised that there existed no authority to remove the chairperson without cause. Your question was framed by you as to whether "a majority of the school board members [can] remove the chairman at their pleasure. " You added that the present chairperson was elected one year ago with no length of time specified. It is the opinion of the Office of the Attorney General that through a motion approved by at least a majority of a quorum a new obairperson may be elected.
The problem you have asked us to consider comes about chiefly because there is no school law relating to local school boards that provides for the electing or appointing of officers, other than secretary and treasurer. KRS 160.160 provides that a board of education shall consist of five members save and except in Jefferson County, where there are seven members. There is no mention of electing a member of the board to preside as chairperson. This is an unfortunate as well as unusual gap in the statutes. The statutes setting up the State Board for Elementary and Secondary Education, KRS 156.030(1), the State Board for Occupational Education, KRS 156.112(4), and the State Council on Higher Education, KRS 164.020(10), by way of example, each require a chair-person to be elected annually.
We do believe it important to point out that although there is no specific statute relating to selecting a chairperson of a local board of education, this is not to say that the board is without authority to do so. KRS 160.290(2) provides that each board of education "shall make and adopt, and may amend or repeal rules, regulations and bylaws for its meetings. . . ." Thus, we are of the conclusion that through one of the devices suggested in KRS 160.290(2) noted above, a local board may prescribe the manner and duration of the selection of a board chairperson. Also, as we have noted before, a chairperson is included for purposes of determining a quorum and is eligible to cast a vote upon a measure on an equal footing with the remaining members of the board. See OAG 77-495 and OAG 75-517, copies attached.
In view of the above, we know of no legal basis that would require a local board of education to determine "cause" existed before a new chairperson could be chosen. If the Knott County Board of Education has not heretofore selected its chairperson subject to an adopted rule, regulation or bylaw, we believe the individual selected serves in that position at the pleasure of the remaining members of the board and can be relieved of the chairperson responsibility upon motion passed by at least a majority of a quorum of the board.