On Monday, September 23, Betty Pendergrass, a CERS elected member of the KRS Board of Trustees submitted her resignation from the Board, effective immediately. Her resignation was prompted by an opinion of the Kentucky Attorney General received at KRS on Friday, September 20, that Betty’s new position as an Office of Management & Budget Accounting Manager with the Louisville/Jefferson County Metro Government was constitutionally and statutorily incompatible with service on the KRS Board of Trustees. Section 165 of the Kentucky Constitution states in pertinent part: "No person shall, at the same time, be a State officer . . . and an officer of any county, city, town, or other municipality, or an employee thereof. . . ." Kentucky Revised Statute Section 61.080 contains identical language. Kentucky Revised Statute Section 61.090 states: "The acceptance by one in office of another office or employment incompatible with the one he holds shall operate to vacate the first."
Ms. Pendergrass was elected to the KRS Board for a four-year term effective April 1, 2013 and recently accepted the full-time position with Louisville Metro. Her resignation message stated the following:
"Needless to say, I am disappointed but I will honor the legal ruling. I hereby resign my KRS Trustee position effective immediately in accordance with the constitutional and statutory provisions. However, I remain very supportive of the dedicated staff and board members at Ky Retirement System. I will be happy to provide any other assistance to the staff or Board members in the future."
The KRS Board members and staff extend their thanks to Ms. Pendergrass for her service during the past months and wish her the very best in the future.
Pursuant to Kentucky Revised Statutes Section 61.645(5), the remaining KRS Board members have the authority to fill the vacancy. That statute provides: ". . . any vacancy which may occur in an elected position shall be filled by appointment by a majority vote of the remaining trustees. . . ." Copies of the Attorney General’s opinion and related materials can be accessed at this link