Hampton, 080819 ARWC, AGO OAG 19-12

• Case Date: August 08, 2019
• Court: Kentucky

Lieutenant Governor Jenean M. Hampton AGO OAG 19-12 No. OAG 19-012 Kentucky Attorney General Opinion Commonwealth of Kentucky Office of the Attorney General August 8, 2019          Subject: Whether the Lieutenant Governor has the appointing authority to hire and fire his/her own staff.          Requested by: Lieutenant Governor Jenean M. Hampton          Written by: Taylor Payne, Assistant Attorney General          Syllabus: The Lieutenant Governor is the appointing authority of the office of the Lieutenant Governor and, as such, has the power to appoint and terminate employees of the office of the Lieutenant Governor in accordance with the provisions of KRS Chapter 18A.          Statute construed: Ky. Const. § 70; Ky. Const. § 72; KRS 12.020; 18A.005           OPINION OF THE ATTORNEY GENERAL          Lieutenant Governor Jenean M. Hampton has requested an opinion of this Office to address "whether the Lieutenant Governor has "the appointing authority to hire and fire his/her own staff[.]" The Lieutenant Governor informs this Office that in 2015 she hired a chief of staff and a deputy chief of staff. In 2019, Governor Matt Bevin terminated each of their employments in her office. The Lieutenant Governor has attempted to rehire her chief of staff, but the Personnel Cabinet has refused to process her appointment.^[1]          We advise that the Lieutenant Governor is the appointing authority of the office of the Lieutenant Governor and, as such, has the power to appoint and terminate employees of the office of the Lieutenant Governor in accordance with the provisions of KRS Chapter 18A.          The Lieutenant Governor is a constitutional officer elected for a term of four years. KY. CONST. § 70. The Lieutenant Governor's duties are prescribed by law and may include duties delegated by the Governor. KY. CONST. § 72. The General Assembly has designated the office of Lieutenant Governor as a Department headed by an elected officer within the Cabinet for General Government. KRS 12.020(I)(2). However, KRS 12.020 expressly provides that, "except in the case of the Personnel Board and where the attached...