AG: Local woman can’t keep elected seat on state retirement board
STAFF REPORT
Wednesday, Sept. 25, 2013, 4 p.m. — The Kentucky Attorney General has ruled that a Bardstown woman’s job makes her ineligible to continue to serve on the state retirement system’s board of trustees.
BETTY PENDERGRASS
In March 2013, Betty Pendergrass was elected by members of the County Employees Retirement System to serve a four-year term as one of the group’s representatives on the Kentucky Retirement Systems (KRS) board of trustees.
In July 2013, a KRS attorney contacted Attorney General Jack Conway’s office for an opinion regarding Pendergrass’s new job as an Office of Management & Budget Accounting Manager with the Louisville/Jefferson County Metro Government and its compatibility with her elected position as a KRS board trustee.
Citing Section 165 of the Kentucky Constitution, the AG’s office wrote that Pendergrass’s new job made her ineligible to continue to serve on the KRS board.
“We are of the opinion that the employees and officers of the Metro Government are, for the purposes of Section 165 of the Kentucky Constitution, county offices and employes,” wrote Ryan Halloran, assistant director of the AG’s Office of Civil and Environmental Law. “Accordingly, it is our opinion that a person who holds the position of OMB Accounting Manager in the Metro Government is either an officer or employee of a county and that position is incompatible with being a member of the” KRS board of trustees.”
According to a KRS press release, the AG’s opinion prompted Pendergrass to submit her resignation on Monday. The resignation was effective immediately.
“Needless to say, I am disappointed but I will honor the legal ruling. I hereby resign my KRS Trustee position effective immediately in accordance with the constitutional and statutory provisions,” Pendergrass said in a statement following her resignation. “However, I remain very supportive of the dedicated staff and board members at Ky Retirement System. I will be happy to provide any other assistance to the staff or Board members in the future.”
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