Request By:
Mr. Stuart Pepper
Superintendent
Meade County Board of Education
Brandenburg, Kentucky 40108
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of July 28 in which you relate the following facts and question:
"The Meade County Farm Bureau owns the Meade County Fairgrounds and each year the Meade County Fair is conducted by a Fair Board, appointed by the Farm Bureau and the existing Fair Board members. As members of the Meade County Fair Board, these people receive no compensation for their services.
Would there be any conflict-of-interest for a member of a Board of Education to also serve as a member of the Meade County Fair Board?"
Our response to your question would be in the negative as it basically involves whether or not the two positions, that of membership on the Board of Education and the Meade County Fair Board, are incompatible under Section 165 of the Constitution and KRS 61.080. These sections prohibit individuals from holding at the same time certain state, city and county offices. Membership on a school board constitutes a state office. See
Jones v. Brown, 297 Ky. 467, 183 S.W.2d 39 (1944). However, membership on the Meade County Fair Board does not constitute a public office in the sense of its being established by or pursuant to a specific statute or the Constitution, that would involve KRS 61.080 and Section 165 of the Constitution. In other words, the membership on the Fair Board is simply a position established by the bylaws of the organization that is no doubt operating as a nonprofit corporation.
Neither would there be any statutory conflict under the school board law governing the disqualification of board members involved in contracts with the school. See KRS 160.180. Also, insofar as a possible common law conflict is concerned, we believe that none would exist since the school board member would not derive any pecuniary gain in the form of compensation for services on the fair board. See
Commonwealth v. Withers, 266 Ky. 27, 98 S.W.2d 24 (1936).
Under the circumstances, a member of the Board of Education can at the same time serve as a member of the Meade County Fair Board.