BRADENTON, Fla. – A Kentucky judge ruled that Gov. Matt Bevin acted properly when he cut the budgets of the state's nine public colleges and universities with only a few months remaining in fiscal 2016.
In ruling for the governor Wednesday, Franklin Circuit Court Judge Thomas Wingate struck down a lawsuit filed by Attorney General Andy Beshear in April that contended Bevin's budget cuts were unconstitutional and violated the state's separation of powers.
"The governor has not made improper budget reductions or appropriation eliminations, as the governor has acted within his authority," Wingate wrote in a 24-page opinion.
Wingate also said that while the governor can by law reduce appropriations, Bevin cannot spend more than what the Legislature authorized nor can he redirect any savings elsewhere in the state budget without the approval of lawmakers.
Bevin, a Republican who took office Dec. 8, said in a statement that he anticipated a ruling in his favor.
"We are grateful for the court's prompt decision confirming our ability to manage the Commonwealth's finances in a fiscally responsible manner," Bevin said. "While others focus on politically motivated attacks, we continue to focus on strengthening Kentucky's fiscal foundation."
Beshear said he would file an appeal and have the case transferred to the Kentucky Supreme Court.
The ruling is "inconsistent with numerous decisions by the Supreme Court of Kentucky and confers dangerous levels of power on the governor," said Beshear, a Democrat who also took office in December.
"We always expected the Supreme Court to decide this matter, and we are confident that it will rule in our favor and hold that the budget is more than an advisory document," he said, referring to the Legislature's authority to enact the state's spending plan.
Andy Beshear is the son of Steve Beshear, Bevin's predecessor as governor, who is also embroiled in a controversy with his successor.
Bevin called a press conference April 20 to announce that his office had opened an investigation after uncovering "potentially illegal and unethical contracting processes" during Steve Beshear's administration.
The governor outlined a number of allegations, including evidence of employees being coerced into making political contributions to Democratic candidates, including the attorney general.
Andy Beshear denied any knowledge of receiving contributions, but said that if any were found during the inquiry that he would donate them to Common Cause.
On Wednesday, the Kentucky Community College System eliminated more than 500 positions due to state budget cuts and declining enrollment, according to the Lexington Herald-Leader.
The system, which faces a $26 million shortfall, actually laid off 170 faculty and staff members who were in occupied positions. Other jobs were either vacated or employees in them retired, the paper said.
On May 11, House Speaker Greg Stumbo filed a lawsuit against Bevin contending that the governor improperly used line-item vetoes to strike funds from the fiscal 2016 budget. Stumbo is a Democrat.
