Request By:
Mr. Jim Kelly
1970 Danville Pike
Stanford, Kentucky 40484
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Ian G. Sonego, Assistant Attorney General
You have asked us to answer the question whether a school employee employed by a school board in a county where the employee does not reside may campaign for and serve as a member of the school board in a different county, i.e., the employee's county of residence. We shall address your question by dividing it into two parts. The campaign issue will be addressed first. The issue of school employment and board membership will be addressed second.
KRS 161.164 states in part:
(1) No employee of the local school district shall take part in the management or activities of any political campaign for school board .
(2) No candidate for school board shall solicit or accept any political assessment subscription, contribution, or service of any employee of the school district .
(3) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position as teacher or employee of any district board of education , or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person.
[Emphasis added.]
Thus, subsection (3) refers to "any district" whereas subsection (1) refers "the local school district" and subsection (2) refers to "the school district" . Because of the difference in wording, we conclude that the General Assembly intended the restrictions on campaigning under subsections (1) and (2) only to apply to persons employed by the school district where the candidate is seeking to be elected. "When the meaning of statutory language is apparent, the court must narrowly construe it."
Rhodes v. Rhodes, Ky. App., 764 S. W.2d 641 at 643 (1988). Therefore, in our opinion, you may campaign for or seek election to the school board in the district of your residence since you are not employed by that district's school board.
The second issue requires us to determine whether the school employee of one district may simultaneously serve as a member of the school board of another district. KRS 160.180 establishes the qualifications for school board membership. KRS 160.180(2) states in part:
No person shall be eligible to membership on a board of education:
* * * *
(e) Who holds a state office requiring the constitutional oath or is a member of the General Assembly; or
(f) Who holds or discharges the duties of any civil or political office, deputyship, or agency under the city or county of his residence; or
(g) Who, at the time of his election, is directly or indirectly interested in the sale to the board of books, stationary, or any other property, materials, supplies, equipment, or services for which school funds are expended[.]
[Emphasis added.]
In OAG 80-557, we expressed the opinion that KRS 160.180 [now] (2)(g) prohibited a school board member from holding employment through the same school board, but we did not discuss employment by a different school board. We find no statutory provision expressly prohibiting employment by a different school board.
Thus, this question must focus on subsection (2)(f). In
Commonwealth, ex rel. Buckman v. Miller, Ky., 272 S.W.2d 468 (1954), the court concluded that KRS 160.180 [now] (2)(f) intended "precluding a board member from aspiring to offices which were impressed with duties incompatible with those discharged by board members[.]" In
Whittaker v. Commonwealth, ex rel. Attorney General, 272 Ky. 794, 115 S.W.2d 355, (1938), and
Commonwealth ex rel. Funk v. Robinson, 314 Ky. 344, 235 S.W.2d 780 (1951), the court reached the same conclusion as OAG 80-557, and relied upon the subsection [now] (2)(g). In
Board of Trustees of Fairview G.C. School District v. Renfroe, 259 Ky. 644, 83 S.W.2d 27 (1935), the Court held that a principal or teacher employed by a school district is a state employee, not a city or county employee, for the purpose of determining incapability of offices. In
Board of Education of Calloway County v. Talbott, 261 Ky. 66, 86 S.W.2d 1059 (1935), the Court held that county school teachers were state employees for the purpose of compensation directly by the legislature. Hence, there is no question that teachers employed by the county school district or local independent school district are state employees rather than county or city employees. In
Knuckles v. Board of Education of Bell County, 272 Ky. 431, 114 S.W.2d 511 (1938), the Court found common law incompatibility between the positions of assistant superintendent of county schools and "that of teacher or principal in one of the public schools of the same county" school district. There the Court noted that the assistant superintendent "would be his own supervisor as teacher in the schools of the county" and that the assistant superintendent could not be expected to take action to remove himself as a teacher in the event that action became necessary. But in your case you would not be on the school board responsible for your employment as a school teacher. In OAG 78-509, we expressed the opinion that a person employed as a school principal by the independent school district could serve as member of the board of the county school district in which the independent district is located. The analysis of OAG 78-509 does not appear to be affected by the Education Reform Act of 1990 and supports the conclusion that you may serve on a school board in a different district from the district where you are employed.
Therefore, in our opinion, a teacher employed by a school board of a district where the teacher does not reside is not prohibited from serving as a member of a school board of a different district where the teacher does reside. We concur in your conclusion that since you are employed by the Danville Board of Education but live outside the Danville School District in the Lincoln County School District you may seek election to and serve as a member of the Lincoln County School Board.