FRANKFORT (KT) – Attorney General Russell Coleman said Wednesday the Fayette County Public Schools (FCPS) Board unlawfully attempted to raise taxes on families within their district and declared their vote on the tax hike void.
Coleman released a formal Attorney General’s opinion that found the FCPS Board failed to meet the state statutory requirements to provide public notice before levying an occupational tax increase at its May 27 meeting.
State Sen. Amanda Mays Bledsoe, R-Lexington, first requested the Opinion of the Attorney General after hearing from her constituents about the new tax hike.
“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. “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.”
The Office of the Attorney General says they are responsible for providing legal opinions to public officials to assist them in the performance of their duties. Opinions of the Office are persuasive in Kentucky courts and public officials are expected to follow them.
According to the opinion, the Fayette County Public Schools did not follow state law on the tax increase, specifically: “Notice shall be given by causing to be published, at least one (1) time in a newspaper of general circulation published in the county . . . the fact that such levy is being proposed. The advertisement shall state that the district board of education will meet at a place and on a day fixed in the advertisement, not earlier than one (1) week and not later than two (2) weeks from the date of the advertisement.” Id. There appears be no dispute that the Board failed to publish an advertisement or otherwise provide the minimum 1-week public notice that is required under KRS 160.603.”
Bledsoe applauded Coleman’s opinion on the issue.
“This validates what so many in our community, including myself, felt: Taxpayers were shut out of a huge decision about their own tax dollars. I’m calling o 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.”
Bledsoe praised the response from Coleman.
“His engagement shows just how important it is that every level of government remains accountable to the people,” she said. “I hope this opinion gives the public some renewed confidence that their voices matter and that they have government officials looking out for them.”
