District responds to Seay’s board meeting objection, conflict-of-interest claim
NC GAZETTE / WBRT RADIO
STAFF REPORT
Friday, Dec. 3, 2021 — The Nelson County Schools have issued a response to the story published by the Nelson County Gazette on Thursday, Dec. 2, 2021, regarding the claims made by a letter written Bloomfield attorney Jack Seay to the Nelson County Board of Education about tonight’s special board meeting.
INAPPROPRIATE MEETING ALLEGED. Seay’s letter alleged that it would be inappropriate for the school board to review the district facility plan at this evening’s special-called meeting at Cox’s Creek Elementary School.
DISTRICT RESPONSE. Jack Seay claims that the LPC manual requires the Board to review the DFP at a “scheduled” Board meeting. The Kentucky School Facility Planning Manual (see pg. 30 of 702 KAR 4:180) specifically provides for a Special Called meeting as follows in Section 106.1 “The local board of education shall consider and vote on the DFP submitted for review by the LPC at a regularly scheduled or special called board meeting.” (emphasis added).
BOARD MEMBER CONFLICT OF INTEREST. Seay’s letter also asked for board member Damon Jackey to recuse himself from voting on the facilities plan due to an alleged conflict of interest.
DISTRICT RESPONSE. Seay further calls for Board Member Damon Jackey to recuse himself from voting on the DFP due to an alleged conflict of interest. Mr. Jackey has no conflict of interest under the law and therefore should not recuse himself. Mr. Jackey is a “mere employee” of the Department of Education does not create a conflict of interest. See OAG 82-610. Because Mr. Jackey, and the Department of Education for that matter, have no financial interest in the outcome of the Board’s review of the DFP, no conflict is created. Mr. Jackey has further taken the extra step of requesting the opinion of the general counsel of the Kentucky School Board Association, John Powell. Powell confirms that Jackey, as a mere employee of the KDE, does not have a conflict of interest since he has no pecuniary interest in the DFP, has no control over the actions of the KDE, and would receive no financial benefit by approving the DFP.
COMMUNITY VOTE ON BONDS. The district also responded to a letter recently published in the Gazette by Don Thrasher, suggesting that the district allow the public to vote on bonds used on construction projects.
DISTRICT RESPONSE. Following a message from Mr. Don Thrasher in the Nelson County Gazette regarding KRS 162.080 stating “Upon request of the board of education of any district, the county clerk shall submit to the qualified voters of the district, the question as to whether bonds shall be issued for the purpose. The question shall be so framed that the voter may by his vote answer “for” or “against.”
This excerpt from KRS 162.080 leaves out the key point that such elections should occur only when “annual funds raised from other sources are not sufficient to accomplish the purpose, the board shall make a careful estimate of the amount of money required for the purpose and shall determine the amount of money for which bonds shall be issued and the purpose to which the proceeds shall be applied.”
Essentially, a vote on use of bonds would only occur if the district was seeking additional tax revenue to be directly used on land or buildings. The board is not seeking additional funding for the use of purchasing bonds, nor does the board expect to, thus it is irrelevant to the case. Facility taxes that create bonding capacity within Nelson County were levied in 1991, 2001, & 2005. Those facility taxes have continued to contribute to all projects in the last 30 years. The facility plan does not lead to increases in the district’s tax rate.
TONIGHT. The Nelson County Schools’ special-called board meeting will take place as scheduled. The meeting begins at 6 p.m. this evening Cox’s Creek Elementary School.
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