Judge dismisses lawsuit over appointment to higher ed board

This from Bluegrass Politics:

A Franklin Circuit judge dismissed a lawsuit Tuesday brought by one of former Republican Gov. Ernie Fletcher’s appointees to the Council on Postsecondary Education.

Franklin Circuit Judge Thomas D. Wingate ruled that Democratic Gov. Steve Beshear acted properly last year when he appointed someone else to the seat held by Virginia Fox...

Fox Sues Beshear

This from C-J:

Suit challenges makeup of education panel

FRANKFORT, Ky. — Former Education Secretary Virginia Fox this morning filed a lawsuit in Franklin Circuit Court challenging Gov. Steve Beshear’s removal of her from the Council on Postsecondary Education.

Fox, who also is a former executive director of Kentucky Educational Television, was notified by Beshear’s general counsel in April that her appointment to the council’s board was no longer valid because the House did not vote in the last regular session to confirm her appointment by Gov. Ernie Fletcher.

In the lawsuit, Fox asks the court to declare her the rightful occupant of the seat, which is now being held by Pam Miller, of Lexington.

Fox also asks the court to clarify the constitutional authority of the House to confirm or refuse appointments to the Council and clarify the constitutionality of a state law that calls for a balance of Democrats and Republicans on boards and commissions based on voter registration...

Former member of higher ed panel contests her removal

This from H-L:

FRANKFORT — More turmoil engulfed the state Council on Postsecondary Education Wednesday as it appointed a search committee to select a new president.

Virginia G. Fox, the former head of Kentucky Educational Television and the education secretary for former Gov. Ernie Fletcher, has challenged her removal from the state Council on Postsecondary Education.

Gov. Steve Beshear, in an executive action, removed Fox from her council seat after her appointment was not approved by the state House of Representatives in the recently concluded legislative session.

Fox, in an April 29 letter to council chairman John Turner, said the Kentucky Constitution requires only that her appointment be approved by the state Senate.

Fox said the state law requiring approval by both the House and the Senate violates the state Constitution as well as the 14th Amendment to the U.S. Constitution.

“I believe that I was confirmed, am still a member of the council and that no vacancy exists for my position,” Fox said in her letter.

Turner read the letter as the council’s meeting opened Wednesday morning but made no comment about Fox’s claims...