Request By:
Mr. David L. Keller
Executive Director
260 Democrat Drive
Frankfort, Kentucky 40601
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Ian G. Sonego, Assistant Attorney General
You have asked for our opinion as to whether a person appointed by the Chief State School Officer (Superintendent of Public Instruction until December 31, 1990; or after that date, Commissioner of Education) to a district board of education serves the remainder of the term for the position to which he was appointed or serves until the next regular (November) election.
Under KRS 160.210(1)(b) when no candidacy petition is timely filed for a district school board seat, the chief state school officer is required to appoint a qualified person for that position. KRS 160.210(1)(b) states:
If no candidate files a petition of nomination for a local board of education opening pursuant to KRS 118.315 and 118.316, the chief state school officer shall fill the new term of office by appointing a member to the local board who meets the residency requirement and the qualifications for office provided in KRS 160.180. The local board of education may make nominations and any person may nominate himself or another for the office.
KRS 160.190(1) authorizes the chief state school officer to appoint a qualified person to fill a vacant position on a district school board. This statute is apparently concerned with positions that become vacant after someone was initially elected. KRS 160.190(1) states:
Any vacancy in any board of education shall be filled by the chief state school officer within ninety (90) days after the vacancy occurs. The member so chosen shall meet the eligibility requirements as established by KRS 160.180 and shall hold office until his successor is elected and has qualified. The local board of education may make nominations and any person may nominate himself or another for the office.
KRS 160.190(2) in effect limits the tenure of the appointed member to less than one year by requiring an election for the remainder of the term if one year by requiring an election for the remainder of the term if one year or more remains to be served. KRS 160.190(2) states:
Any vacancy having an unexpired term of one (1) year or more at the next regular November election after the vacancy occurs shall be filled for the unexpired term by an election to be held at the next regular November election after the vacancy occurs. The elected member shall succeed the member chosen by the chief state school officer to fill the vacancy.
Thus, the issue we must address is whether KRS 160.190(2) applies to board members appointed under KRS 160.120(1)(b) as well as to members appointed under KRS 160.190(1).
KRS 446.080(1) sets forth the applicable rule of statutory construction:
All statutes of this state shall be liberally construed with a view to promote their objects and carry out the intent of the legislature[.]
In ascertaining the purpose of the statute, a court looks to the entire enactment, not a particular section.
Baker v. White, 251 Ky. 691, 65 S.W.2d 1022 (1933);
City of Owensboro v. Noffsinger, Ky., 280 S.W.2d 517 (1955). Whenever possible different sections of statutes should be harmonized to give effect to all sections and accomplish the apparent purpose of the legislature.
George v. Scent, Ky., 346 S.W.2d 784 at 789 (1961);
Ledford v. Faulkner, Ky., 661 S.W.2d 475 at 476 (1983). "It is our duty to consider the subsections in pari materia and, if possible, to assign them a meaning which may be applicable to all cases of facts which may arise thereunder."
Boyd v. Alexander , Ky., 284 S.W.2d 85 at 88 (1955).
We think the legislature's intent is clear that appointees may serve no longer than one (1) year until the next November election. To conclude that a person appointed at the beginning of the four (4) year term under KRS 160.210(1)(b) could serve the entire four (4) year term but a person appointed to complete a term in which less than four (4) years but more than (1) year remains could only serve until the next November election would lead to an absurd result.
In our opinion, KRS 160.190(2) applies to all district school board appointments whether under KRS 160.190(1) or under KRS 160.210(1)(b) and requires an election for the remainder of the term if one (1) year or more of the term remains to be served. Therefore, in our opinion, a district school board member appointed pursuant to KRS 160.210(1)(b) serves only until the next (November) regular election unless less than one year remains to be served at the time the position becomes vacant.