Beshear to sue Bevin over education executive order

Atty. General Beshear files lawsuit against Gov. Bevin

LOUISVILLE, Ky. (WHAS11)  -- Attorney Andy Beshear says he’s filing a new lawsuit against Governor Matt Bevin. The decision announced on YouTube Tuesday morning states that the AG did not accept changes to the Governor’s executive order that reorganized several boards connected to education reform that passed unanimously this year and was signed just two months ago by Governor Bevin.

The decision comes less than ten days after General Beshear threatened a lawsuit if the Governor did not rescind his executive order. Last week Beshear announced that he was delaying the lawsuit because the Governor's attorney had filed an update he would review.

But in the video announcement, the Attorney General says the changes weren't good enough.

"In the end, while there may have been a few small changes there is still significant constitutional and legal violations,” said General Beshear.

Here’s a link to the full video announcement: https://www.youtube.com/watch?v=vQJS--a4BQI

A spokesperson for the Governor’s office said they had yet to see the lawsuit so they could not comment.

Governor Matt Bevin is out of the county promoting Kentucky at an air show in France.

A spokesperson for Attorney General Andy Beshear said that the Attorney General is out of state speaking about human trafficking.

The video first appeared on the AG’s YouTube channel shortly after 11 a.m. WHAS11 downloaded the video and began reaching out to sources for comment when the video was removed from the website.

At that time, we contacted a spokesperson for the Attorney General who said nothing had yet been filed with the courthouse.

WHAS11 is working to bring you more details about the lawsuit and reaction from the Governor’s Office. Be sure to check back to this page and social media throughout the day.

Attorney General Andy Beshear's office released the following statement Tuesday afternoon:

“The governor’s refusal to rescind or materially alter his unconstitutional executive orders dissolving and reorganizing independent education boards has caused my office to file a lawsuit in Franklin Circuit Court. The governor could have avoided this lawsuit simply by following the law. A governor does not have ‘absolute authority’ over state boards and cannot ignore, suspend and rewrite laws passed by the general assembly that create independent boards, outline their structure and set mandatory terms for their members. My job as attorney general is to enforce the Constitution, to maintain the separation of powers and to ensure no branch of government exceeds its powers granted to it by the people. Everyone must follow the law, regardless of position and regardless of party.” – Attorney General Andy Beshear. 

Gov. Matt Bevin's Press Secretary  Woody Malinger released the following statement in response:

Gov. Bevin’s use of KRS 12.028 to reorganize the Board of Education and other education-related boards is legal, proper and in the best interest of our students. Attorney General Andy Beshear's latest lawsuit is just another example of him placing politics above the law. Last year AG Beshear used the same statute to re-organize his office, and the General Assembly refused to accept his proposed changes. Why didn't he look in the mirror and sue himself? Why isn't he being honest with the people of Kentucky?

 

 

© 2017 WHAS-TV


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