When the Kentucky Board of Education meets ... in a few minutes... Joe Brothers will still be chair and other members whose terms have expired will still be serving.
This is owing to the fact that the law does not specify what is to happen if a governor is late making new appointments. Further, there seems to be no Kentucky case law which helps to answer the question.
Former Attorney General Fred Cowan actually relied on a South Carolina case in OAG 91-17 to support the continuation in office of "hold-overs." In Bradford v Bynes, 221 S.C. 255, 70 S.E.
2d 228, 231 (1952) the court ruled that absent "pertainent statutory or constitutional provision" that such members become "defacto officer" until they are duly replaced. "The presumption is against a legislative intent to ...allow a condition whcih may result in an ...administrative office remaining unoccupied."
Today's agenda includes consideration of local board of education or school-based decision making council appeals of the commissioner’s action under KRS 160.346 regarding leadership assessment reports and discussion/action on 2010-11 preschool funding rates.