Kentucky’s Republican Constitutional Officers are asking the State Supreme Court to reconsider its recent decisions on the State Fair Board and Executive Branch Ethics.
Attorney General Russell Coleman, Agriculture Commissioner Jonathan Shell, Auditor Allison Ball, Treasurer Mark Metcalf and Secretary of State Michael Adams jointly asked the Kentucky Supreme Court to rehear their arguments in support of the General Assembly’s authority to reduce the governor’s appointment power.
Last month, the Supreme Court overturned laws passed by the legislature that shifted the power to appoint members of the Executive Branch Ethics Commission and the State Fair Board from the governor to other Constitutional Officers.
They argue the Supreme Court should respect their statutory responsibilities as independently elected officers apart from the governor.
“Kentucky’s Constitution is clear, the powers of the executive branch are divided between the governor, and the Commonwealth's other statewide elected officers. We don’t work for Governor Beshear, and the State Fair Board and the Ethics Commission will operate more effectively out from under his thumb,” Coleman said.
The legislature had shifted the power to appoint a majority of the State Fair Board from the governor to the Commissioner of Agriculture, currently Shell.
The legal dispute came to a head when, days after the Court struck down the law on June 26, Democratic Gov. Andy Beshear revamped the State Fair Board. On June 30, in its first action, the new board fired Kentucky Venues President and CEO David Beck, who had led the organization since 2018.
“This petition is about respecting Kentucky's constitutional system,” said Shell. “At the same time, my focus hasn't changed. We're preparing for what will be the greatest Kentucky State Fair in our history as we celebrate America's 250th birthday. Agriculture built this Fair, and we're going to keep agriculture at the heart of this once-in-a-generation celebration.”
The Republicans claim Beck’s firing was politically motivated, pointing to the record-breaking success of his tenure at Kentucky Venues.
But, in a statement, Beshear spokeswoman Scottie Ellis disagreed and defended the governor’s actions.
“The Agriculture Commissioner and his appointments have run an unconstitutional board for five years during which they paid David Beck over $1.5 million in taxpayer dollars, as well as bonuses and vehicles,” said Ellis. “We have already found concerning information involving absence of leadership and poor oversight resulting in fiscal liability for the state. They are now fighting to continue this unconstitutional mismanagement, while we’re working to rebuild in line with the Supreme Court’s recent decision, so it may continue to function.”
Shell and the other Republican Constitutional Officers claim Beshear’s replacement of the State Fair Board was illegal because he acted before the Supreme Court ruling took effect — either 21 days after the June 26 ruling or until the Court rules on a petition for rehearing.
“Before the ink was even dry on the Court’s opinion, the Governor showed he always puts partisan politics first and cannot be trusted with the expanded power the Court sought to give him. They should reconsider their opinion,” said Adams.
There is no word yet on whether the Justices will rehear the cases.
Republican Constitutional Officers are asking the Kentucky Supreme Court to reconsider recent decisions on the State Fair Board and Executive Branch Ethics. (Kentucky Today file photo)
