Dr. Ryan Quarles
AGO OAG 20-12
No. OAG 20-12
Kentucky Attorney General Opinion
Commonwealth of Kentucky Office of the Attorney General
June 26, 2020
Subject:
(1) Who may appoint the President and Chief Executive Officer
of the State Fair Board and determine the President and
CEO’s compensation?
(2) Who
may appoint the Commissioner for the Department of Fish and
Wildlife Resources and determine the Commissioner’s
compensation?
(3)
What role, if any, does the Secretary of the Finance and
Administration Cabinet have in approving a contract entered
into with the President and CEO of the State Fair Board and
the Commissioner of the Department of Fish and Wildlife
Resources?
Requested
by: Dr. Ryan Quarles, Commissioner of Agriculture and Member
of the State Fair Board
and
Daniel
Cameron Attorney General and Dr. Karl Clinard, Chairman Fish
and Wildlife Resources Commission
Written
by: Carmine G. Iaccarino, Executive Director Marc
Manley, Assistant Attorney General Office of Civil &
Environmental Law
Syllabus:
(1) Under KRS 247.130, the State Fair Board appoints its
President and CEO and sets his or her compensation.
(2)
Under KRS 150.061, the Department of Fish and Wildlife
Resources Commission appoints the Commissioner of Fish and
Wildlife and sets his or her compensation.
(3) The
Finance and Administration Cabinet Secretary has no role in
reviewing or approving a contract entered into with the
President and CEO of the State Fair Board or the Commissioner
of the Department of Fish and Wildlife Resources unless the
contract is disapproved by the Government Contract Review
Committee of the Legislative Research Commission.
OPINION
OF THE ATTORNEY GENERAL
The
State Fair is a big deal in Kentucky. So, too, are hunting
and fishing. For this reason, the General Assembly has
attempted to insulate the agencies and officials who oversee
these matters from excessive political influence. This
opinion addresses the tensions that exist when a
gubernatorial administration attempts to obstruct hiring
decisions that Kentucky law vests in the State Fair Board and
the Department of Fish and Wildlife Resources Commission.
State
Fair Board
Who may
appoint the President and Chief Executive Officer
(“CEO”) of the State Fair Board and set his or
her salary? Commissioner of Agriculture Ryan Quarles, who
serves as an ex officio member of the State Fair Board
pursuant to KRS 247.090(1)(b), asks these questions. For the
reasons that follow, this Office concludes that the State
Fair Board has the exclusive ability to hire its President
and CEO and set his or her compensation.
KRS
247.090 establishes the State Fair Board and provides for its
membership. Six of the State Fair Board’s eighteen
members are ex officio, and the remaining twelve are
appointed by the Governor according to certain statutory
requirements. See KRS 247.090(1).
The
State Fair Board is required to promote the state and its
development by providing facilities for “agricultural
and industrial exhibitions, public gatherings, cultural
activities, and other functions calculated to advance the
educational, physical, and cultural interests of the
public.” KRS 247.140(1)(c). As its name implies, the
State Fair Board is also charged with holding the annual
State Fair. KRS 247.140(1)(d). To achieve its statutory
functions, the State Fair Board is given custody and control
of the Kentucky State Fairgrounds and Exposition Center and
other properties such as the Kentucky International
Convention Center. KRS 247.140(1)(a).
These
functions make the State Fair Board different in kind from
many government agencies for a simple reason recognized in
statute: it is, essentially, a business. The State Fair Board
generates approximately $50 million in revenue annually. In
recognition of its important functions and need for
continuity, the General Assembly established the State Fair
Board as “a body corporate with the usual corporate
powers.” KRS 247.100. This “corporate
powers” provision is uncommon for a state agency, but
reasonable in...
