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2015 Op. Ky. Att'y Gen. 1 (2015)

handle is hein.sag/sagky0049 and id is 1 raw text is: 











OAG 15-001


                              January 16, 2015


Subject:           Whether a Metropolitan Sewer District may assent to a
                   contract which requires a supermajority vote of the Board
                   to reject the recommendation of a third-party arbitrator

Requested by:      Representative Reginald Meeks, Kentucky House of Repre-
                   sentatives, and Louisville Mayor Greg Fischer

Written by:        Jacob C. Walbourn

Syllabus:          A Metropolitan Sewer District Board may assent to a con-
                   tract term requiring a supermajority vote for certain mat-
                   ters, provided that the matter is not one delegated to the
                   Board specifically by statute

Statutes construed: KRS §76.050, §76.080, §446.050


                    Opinion of the Attorney General

      Representative Reginald Meeks and the Mayor of Louisville, the Honora-
ble Greg Fischer, have both requested an opinion of this office regarding the
powers of the Louisville Metropolitan Sewer District (hereinafter the Louisville
MSD). Specifically, they have inquired whether the Louisville MSD Board may
assent to a contract requiring a supermajority vote of members in order to take
certain actions, including whether to accept or reject the recommendations of a
third-party arbitrator in employee-grievance related matters. As discussed
below, there appears to be no legal impediment to the Louisville MSD Board
assenting to such a contractual provision.

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