A group of Kentucky lawmakers voted Tuesday to not revoke a contract with a former president of the State Fair Board that had already been voided by the Beshear administration.
Government Contract Review Committee co-chairman Rep. Mark Hart, R-Falmouth, told members the vote would be “basically making a statement.” The committee haddeferred reviewof the contract with David Beck, former president and CEO of the Kentucky State Fair, during its meeting last month.
“The contract’s already been rescinded, so there’s nothing we can do at this point,” Hart added.
In late June, theKentucky Supreme Courtruled Gov. Andy Beshear should have appointment power over the State Fair Board. That decision paved the way for Beshear to make new appointments to the board. The board thenmet days laterand ousted Beck from the role and installed Michael Berry as interim president and CEO.
The committee later voted to not approve Berry’s contract during the meeting.
Barbara Dickens, the general counsel of the Finance and Administration Cabinet, appeared before the committee Tuesday and said Finance and Administration Secretary Holly M. Johnson was asked to review the validity of Beck’s contract after the Supreme Court ruling and a 2021 law shifting control of the State Fair Board from the governor to the agriculture commissioner was deemed unconstitutional.
“We reviewed that contract in light of that Supreme Court decision and determined that the board that had voted to renew that contract was not constitutionally constituted, and therefore did not have authority to renew it,” Dickens said.
Sen. Stephen Meredith, R-Leitchfield, asked several questions of Dickens. He also noted that Republican constitutional officershave requestedthe Supreme Court rehear the case. As of Tuesday morning, the high court had not made a decision to rehear the case.
“I’m ashamed that the Commonwealth has treated a man who’s dedicated a good portion of his life to serving the Commonwealth has been treated in this manner,” Meredith said. “And if the contract would need to be terminated, I think there should have been for cause. But no one has explained to us why this situation has even arisen, but it is what it is, but it’s just very disappointing.”
Beshear haspreviously saidBeck “was not willing to work with me, and made that pretty clear” and had “led a charge to prevent any form of accountability from a governor.”
Rep. Rachel Roarx, D-Louisville, said while voting to revoke Beck’s contract that “the Supreme Court case was very clear, and there is no contract.”
“For me, this is not about a statement of the quality of work that was done before by the individual or anything like that,” she said. “This is merely the fact that the Supreme Court case is very clear. The constitutionality of the bill that was passed is also unconstitutional.”
The recent back-and-forth between Beshear and Republican lawmakers over the fair board has become the latest struggle over executive power in Kentucky government. In addition to the ruling on the 2021 law regarding the fair board, the Supreme Court’s decision also ruled a 2022 law giving other executive branch officials appointment power over the Executive Branch Ethics Commission unconstitutional.
The Kentucky State Fair will begin in Louisville on Aug. 20. Ahead of the Fancy Farm Picnic this month, Agriculture Commissioner Jonathan Shell told the Lantern that he believes the event will be “completely fine” as most of the work to prepare had been finished before the changes to the board.
Shell, who is one of the Republicans who requested the court rehear the case, has a seat on the fair board. He said he’s been reassured “that agriculture will stay a focus and a priority of that facility.”
“So, now we’re just going to wait and see. We’re going to be involved. We’re going to participate. We’re going to be a great partner for them because that state fair and that venue shouldn’t be about politics or people in those seats,” Shell said. “It should be about the people that are coming in those doors, and we’re going to continue to work to bring the best entertainment, tourism,and agriculture experience possible to the state of Kentucky.”
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