State Board for Elementary & Secondary Education v. Ball

847 S.W.2d 743, 1993 Ky. LEXIS 46, 1993 WL 39845
CourtKentucky Supreme Court
DecidedFebruary 18, 1993
DocketNos. 92-SC-439-T, 92-SC-550-T
StatusPublished
Cited by5 cases

This text of 847 S.W.2d 743 (State Board for Elementary & Secondary Education v. Ball) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Board for Elementary & Secondary Education v. Ball, 847 S.W.2d 743, 1993 Ky. LEXIS 46, 1993 WL 39845 (Ky. 1993).

Opinion

STEPHENS, Chief Justice.

The issue presented by this case is whether the State Board for Elementary and Secondary Education (hereinafter State Board), under the Kentucky Education Reform Act (hereinafter KERA), has the authority to remove members from a county board of education for misconduct in office. If it is determined that the State Board has such authority, we must then determine whether the evidence in this case supports a judgment of removal by the State Board.

Ronnie G. Ball, Benny Dale Coleman and David Lewis were members of the Harlan County Board of Education. In November 1991, Dr. Thomas C. Boysen, Kentucky’s chief state school officer, recommended the removal of Ball, Coleman and Lewis from the Harlan County Board of Education for their alleged misconduct in office. After [744]*744they waived the right to a summary suspension hearing, a removal hearing was set for January 18, 1992. After four days of lengthy hearings, the State Board unanimously voted to remove Ball, Coleman and Lewis from the Harlan County Board of Education, effective immediately.

The removal of Ball, Coleman and Lewis left only two members remaining on the Harlan County Board. Because three members are required for a quorum, the State Board, pursuant to KRS 156.070(1), voted to accept the day-to-day responsibilities for the Harlan County Schools.

Ball, Coleman and Lewis appealed their removal to the Harlan Circuit Court. KRS 156.132(8). On May 28, 1992, Harlan Circuit Judge Ron Johnson entered a “Final Order and Decision” in which he rendered a decision in favor of Ball, Coleman and Lewis.

The State Board sought emergency and intermediate relief in the Court of Appeals. On June 4, 1992, the Court of Appeals granted intermediate relief holding that interim management and control remained vested in the State Board.

On June 2, 1992, the Harlan Circuit Court entered an “Amended Final Order and Decision” and “Order” correcting typographical errors in the first Order. The State Board filed a second notice of appeal regarding these orders. The second appeal was transferred to this Court and consolidated with the State Board’s original appeal.

I. DOES THE STATE BOARD HAVE THE AUTHORITY TO REMOVE DISTRICT BOARD MEMBERS FOR MISCONDUCT?

Among other charges, the State Board charged Ball and Coleman with violating KRS 160.180(2)(g) and (3). The relevant portions of KRS 160.180 state:

(2) No person shall be eligible to membership on a board of education: (g) Who, at the time of his election, is directly or indirectly interested in the sale to the board of books, stationery, or any other property, materials, supplies, equipment, or services for which school funds are expended; or
(3)If, after the election of any member of the board, he becomes interested in any contract with or claims against the board, of the kind mentioned in paragraph (g) of subsection (2) of this section, ... he shall be subject to removal from office pursuant to KRS 415.050 and 415.-060.

KRS 415.050 states:

For usurpation of other than county offices or franchises, the action by the Commonwealth shall be instituted and prosecuted by the Attorney General.

KRS 415.060 states:

A person who continues to exercise an office after having committed an act, or omitted to do an act, the commission or omission of which, by law, creates a forfeiture of his office, may be proceeded against for usurpation thereof.

Appellees argue, and the trial court agreed, that the State Board lacked jurisdiction to determine violations of KRS 160.-180. It is appellees’ contention that the “exclusive enforcement apparatus” contained in KRS 160.180 is an action instituted and prosecuted solely by the Attorney General.

Appellees’ argument is without merit. The State Board is authorized under KERA to remove district board members pursuant to KRS 156.132. KRS 156.132 provides, in relevant part:

(2) The chief state school officer shall recommend by written charges the suspension by the State Board for Elementary and Secondary Education of any district board member, superintendent of schools, or other public school officer as to whom he has reason to believe is guilty of immorality, misconduct in office, incompetency, willful neglect of duty, nonfeasance, or who shall be removed pursuant to KRS 158.6455(7). The State Board for Elementary and Secondary Education shall, after a summary hearing as provided by administrative regulations, suspend any district board of education member, superintendent of schools, or other public school officer, [745]*745who in the opinion of the majority of the State Board for Elementary and Secondary Education is guilty of immorality, misconduct in office, incompetence, willful neglect of duty, nonfeasance, or who shall be removed pursuant to KRS 158.-6455(7). The action by the State Board for Elementary and Secondary Education may be taken upon a recommendation of the chief state school officer, or the action may be taken by a majority vote of the State Board for Elementary and Secondary Education without recommendation from the chief state school officer.
(6) Upon receipt of the officer’s notice of intention to appear and answer the charges, the State Board for Elementary and Secondary Education shall issue subpoenas necessary for the determination of the issues involved. The issues shall be heard at the time and place set and the hearing shall be public or private at the discretion of the accused former or current superintendent and shall be public when testimony is taken for board members. Both parties may be represented by counsel and may require the presence of witnesses upon subpoena. Each witness shall be required to take oath before an officer of the board. The State Board for Elementary and Secondary Education shall provide for a stenographic report of the proceedings and furnish the officer with a copy.
(7) Upon completion of both sides of the case, but within ninety (90) days from the date the officer was suspended if applicable,

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Bluebook (online)
847 S.W.2d 743, 1993 Ky. LEXIS 46, 1993 WL 39845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-board-for-elementary-secondary-education-v-ball-ky-1993.