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Request By:

Mr. Calvin E. Buchanan
1001 Southfork Drive
Somerset, Kentucky 42501

Opinion

Opinion By: Frederic J. Cowan, Attorney General; Ian G. Sonego, Assistant Attorney General

You have asked us to answer the question whether you as a member of the Pulaski County Board of Education may sell insurance to school employees on an individual basis.

KRS 160.180(2)(g) and (3) prohibits a school board member from being "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.]

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.

(4) No teacher or employee of any district board of education shall be appointed or promoted to, or demoted or dismissed from, any position or in any way favored or discriminated against with respect to employment because of his political or religious opinions or affiliations or ethnic origin or race or color or sex or age or handicapping condition.

Assuming the provisions of KRS 161.164 are not violated and the insurance is sold to individuals , we find no prohibition. In

LLM Summary
In OAG 90-138, the Attorney General addressed an inquiry regarding whether a member of the Pulaski County Board of Education could sell insurance to school employees on an individual basis. The decision concludes that such sales are permissible under the conditions that they do not involve school funds or require board approval, referencing OAG 78-274 to support this interpretation. The decision also considers the implications of the Education Reform Act of 1990 and finds that it does not affect the applicability of OAG 78-274 in this context.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1990 Ky. AG LEXIS 156
Cites:
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