KY attorney general says Fayette school board didn’t give public notice before tax vote
Republished from Kentucky Lantern
Kentucky Attorney General Russell Coleman’s office says the Fayette County Public Schools board failed to give proper public notice before voting to increase occupational taxes within the district.
The opinion released Wednesday said the board violated state open meetings laws, which says school districts must publish a notice about tax proposals in a local newspaper at least a week before meeting to vote on the proposal. The attorney general’s office also refuted a recent claim by the school district to local media outlets that the state law doesn’t apply to the tax increase because it is a “county-level tax” also needing approval from the Fayette County Fiscal Court.
The opinion said state law “expressly recognizes that levying an occupational license tax is a power shared jointly by the School Board and the Fiscal Court.” It adds that a fiscal court vote could not happen unless the school board “certified” the new tax rate.
“Accordingly, when the School Board properly certifies a new rate, the Fiscal Court’s role is ministerial; the discretion and decision-making power lies with the School Board — which is why it is the body that must give public notice prior to voting on whether to impose the additional tax,” the opinion said. “Therefore, it is the opinion of this Office that the Fayette County School Board’s May 27 vote to increase the occupational license tax was unlawful.”
The board voted 3-2 to approve the tax increase of 0.25% about a week ago. The tax rate would have taken effect in January. The board approved a $848 million proposed budget with the tax increase that would cost residents an average of $13 more per month, local media outlets reported.
However, Coleman’s office wrote the resolution for the tax increase “is void and of no effect.”
“Tax and spend government is a danger to Kentucky’s future, especially when officials who should be accountable to Fayette County voters try to ignore the rules to raise taxes,” Coleman said in a statement. “If the Fayette County School Board members believe they need more of Kentuckians’ hard-earned dollars, they should clearly and publicly make their case before their own constituents.”
Based in Lexington, Fayette County Public Schools is the second largest school district in the state with more than 41,000 students.
Sen. Amanda Mays Bledsoe, a Lexington Republican, requested Coleman’s office review the legality of the school board’s vote.
“This validates what so many in our community, including myself, felt: Taxpayers were shut out of a huge decision about their own tax dollars,” Bledsoe said. “I’m calling on the Fiscal Court to take no action today and for the school board to remedy this misuse of its authority. The board should table any further discussion of a tax increase until trust can be restored.”
Consideration of the school board’s tax increase request is on the agenda for the fiscal court’s Thursday meeting.
An FCPS representative did not immediately return an emailed request for comment Wednesday.
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