The appointment of Brad Cowgill to president of the Council on Postsecondary Education was illegal because a national search wasn’t conducted, according to an opinion by Attorney General Jack Conway.

A search for a new president began in February 2007 after former President Tom Layzell announced in August 2006 his intention to retire.

The search was terminated because no suitable candidate was found, Chair John Turner said.

Conway ruled that the council should have conducted another search before appointing Cowgill to the position on April 14.

Kentucky statute requires CPE to conduct a national search for a president and interview at least three candidates.

The ruling isn’t legally binding, but Conway or Gov. Steve Beshear could file a lawsuit.

Turner said because of Conway’s ruling, he expects the council will conduct a search in the next week.

Beshear said in an interview that Cowgill shouldn’t be included in the search because the council tried to hire him in violation of the law.

“This is about finding the very best person to head up higher education as we move forward as a state,” he said.

Turner said he plans to meet with Beshear to resolve the issue.

“I want to explore with the governor and my colleagues on the council a way to do so promptly and with appropriate respect for the independence of the Council and our postsecondary institutions,” he said in a statement.

After Cowgill’s appointment to president, Beshear asked for an opinion from Conway on whether the council should have conducted another national search first.

Turner previously told the Herald that another national search would require too much time and money that the council couldn’t afford with upcoming tasks, such as approving universities’ tuition policies.

A CPE president’s job is to be an advocate for postsecondary education with the executive branch, including with budgetary issues, Turner said.

While Cowgill was interim president, the CPE drafted the goals of the “Double the Numbers” campaign, which is a plan to double the number of college graduates in Kentucky by 2020.

Cowgill also helped draft a letter to Beshear describing how the cuts he proposed to postsecondary education would hurt students and the state.

Because of Cowgill’s performance as interim president, the council overwhelmingly voted to appoint him as permanent president, Turner said.

Cowgill’s term as interim president is scheduled to end tomorrow.

Reach Michelle Day at news@chherald.com.