Stumbo’s Defense of School Board Statute Upheld by Supreme Court

FRANKFORT KY (March 17, 2005) - Attorney General Greg Stumbo today announced that his action to oust a member of the Garrard County Board for violation of KRS 160.180, the anti-nepotism statute, was upheld.

The Kentucky Supreme Court today unanimously reversed the Court of Appeals Opinion and affirmed the constitutionality of KRS 160.180, the school board anti-nepotism statute.  

The appellee, Greg Crutchfield, was elected to the Garrard County Board of Education on November 7, 2000, and was administered the oath of office in January, 2001. Crutchfield’s uncle was employed as a bus driver for the Garrard County School District at the time of Crutchfield’s election.

In March 2001, the Office of the Attorney General initiated an ouster action against Crutchfield based on KRS 160.180 which states that, “No person shall be eligible to membership on a board of education…who has a relative…employed by the school district and is elected after July, 13, 1990.” The statute defines ‘relative’ as a father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law and daughter-in-law.

The Garrard Circuit Court denied the Attorney General’s ouster petition, holding that the statute was unconstitutional because there was no rational basis for the classification to include aunts and uncles, but not nieces and nephews. The Garrard Circuit Court’s opinion was affirmed by the Court of Appeals.

The Supreme Court stated that schools should be monitored by the General Assembly to ensure that they are operated with no waste, duplication, mismanagement or political influence, and that the inclusion of aunt/uncle in the definition of relative promotes that objective.

“The General Assembly drew the line on the hiring of relatives in state schools,” said Attorney General Stumbo. “It is my job to see that this law is enforced fairly across the board.”