Request By:
Mr. James A. Nelson
State Librarian and Commissioner
Kentucky Department for Libraries & Archives
300 Coffee Tree Road
P.O. Box 537
Frankfort, Kentucky 406020537
Opinion
Opinion By: Steven L. Beshear, Attorney General; John H. Gray, Assistant Attorney General
Thank you for your letter regarding the meaning of "terms" as found in KRS 173.730.
As you know KRS 173.730(1) provides:
One-third (1/3) of the persons first appointed to the board shall serve for a term of two (2) years, one-third (1/3) for a term of three (3) years and one-third (1/3) for a term of four (4) years. Where the board consists of a number of members not divisible by three (3), one-third (1/3) of the next higher number divisible by three (3), shall serve for a term of two (2) years, one-third (1/3) for a term of three (3) years and the remaining number shall serve for a term of four (4) years. Thereafter, as their terms expire, their successors shall be recommended and appointed in the same manner, but for a term of four (4) years each. Trustees may serve for two (2) consecutive terms after which they shall not succeed themselves, effective July 1, 1974, exclusive of present terms begun prior to that date. The members shall hold office until their respective successors are appointed and qualified.
KRS 173.730(1) therefore limits trustees to serving no more than two consecutive terms as library board members.
Your letter asks if the initial two and three-year terms provided for by KRS 173.730(1) count as full terms.
When KRS 173.730(1) speaks of "terms" it is, of course, speaking of "terms of office." A "term of office" is identified and defined as a certain and fixed period of time. See Mullins v. Jones, Ky., 162 S.W.2d 761 (1942).
KRS 173.730(1) fixes the "terms" of initial board members variously at two, three, and four years. It is, therefore, the opinion of this office that the initial two and three-year terms as well as the initial four-year term all count as full terms for purposes of KRS 173.730(1).
A board member who serves either an initial two, three, or four-year term serves a full term, and although they may serve a second term of four years, they may not after such second term of four years succeed themselves as board members.
I hope that this has adequately answered your questions. If not, please feel free to call me.