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Lawmakers and AG debate whether optometry board can hire outside counsel as committee approves contract
Summary
Sen. Meredith pressed the state attorney general’s office over whether KRS 320.24 bars the Kentucky Board of Optometric Examiners from hiring outside counsel; the AG said the statute allows the AG to provide services when requested but does not prohibit boards from contracting for day‑to‑day counsel. The committee approved the board's contract.
Senator Meredith questioned whether a provision of KRS 320.24 gives the attorney general sole authority to provide legal services to the Kentucky Board of Optometric Examiners, raising concerns about accountability if boards hire outside counsel.
Christopher Thacker of the Attorney General’s Office told the committee that the statute’s plain language makes the attorney general the Commonwealth’s chief legal officer and that the AG’s office will provide legal services when the board requests them or when the office believes its intervention is necessary. Thacker said the statute was amended decades ago to permit boards to make expenditures “for professional services” and that, in modern practice, boards sometimes retain outside counsel for day‑to‑day general‑counsel needs.
“[T]he attorney general shall provide legal services when the board requests or believes it's necessary,” Thacker said, while warning that having both options can create conflicts of interest or the appearance of conflicts if the same office advises a board and later hears an appeal.
Meredith said he shared the AG’s concerns but remained worried about transparency and accountability when boards contract outside counsel. Members discussed whether legislative clarification of reporting relationships or statutory updates would be appropriate.
After questions and debate, Sen. Meredith moved that the committee consider the contract reviewed without objection; a second was recorded and the contract was approved on a roll‑call vote.
The committee’s action considered only the contract before it and did not change statutory language. Several lawmakers said the exchange highlighted a need for future legislative work to clarify how boards and the AG share responsibilities.
The committee adjourned the item after the roll‑call approval; staff said they would collect notes on legislative follow‑up.
