Whether the Chairperson of the Kentucky Parole Board may unilaterally implement a rotating schedule of panel assign-ments for Parole Board members

OAG 13-007 May 24, 2013 Subject: Whether the Chairperson of the Kentucky Parole Board may unilaterally implement a rotating schedule of panel assignments for Parole Board members Requested by: Larry D. Chandler, Chairperson, Kentucky Parole Board Written by: Matt James Syllabus: Policies and procedures for Parole Board assignments require action by the full Parole Board Statutes construed: KRS 439.320 Opinion of the Attorney General Larry D. Chandler, Chairperson of the Kentucky Parole Board, has requested an opinion of this office on whether the Chairperson may unilaterally implement a schedule of rotating assignments to parole board panels, or whether the action of the full Parole Board is required to implement such a schedule. We advise that action of the full Parole Board is necessary to determine policies and procedures for assignments to Parole Board panels. KRS 439.320(4) provides that “the organization of the board shall be determined by the chairperson and shall be consistent with administrative regulations promulgated pursuant to KRS 439.340. For policy and procedural matters, five (5) members shall constitute a quorum.” We are aware of no authority interpreting KRS 439.320(4) as it relates to the procedure for determining assignments to Parole Board panels, and are left with only the plain language of the statute. The statute says that “for policy and procedural matters, five (5) members shall constitute a quorum.” We interpret this language to mean that a quorum and formal board action is necessary for policy and procedural matters. While KRS 439.320(4) does provide that “the organization of the board shall be determined by the chairperson,” determining a policy or procedure for assignments to Parole Board panels would seem to be a policy or procedural matter. Accordingly we advise that action of the full Parole Board is necessary to implement such a policy. The Parole Board may of course delegate the authority to implement a schedule of rotating assignments to the Chairperson if it sees fit. JACK CONWAY ATTORNEY GENERAL Matt James Assistant Attorney General OAG 13-007 Page 2