Brad Cowgill will not “wage battle” with Gov. Steve Beshear over Cowgill’s recent appointment as Council on Postsecondary Education president.

Cowgill said Tuesday that he will resign as CPE president, effective on a date that council members determine would allow easy transition to new leadership.

“I do this for one reason: in the foreseeable future, it would be necessary to devote excessive time and effort to unproductive activities, denying me the satisfaction of fruitful work,” he said in a statement.

President Gary Ransdell was appointed to a search committee for a new CPE president by CPE Chair John Turner.

Ransdell said he enjoyed working with Cowgill, but looks forward to the opportunity to hire a new president.

Cowgill’s resignation comes after a ruling from Attorney General Jack Conway, that said Cowgill’s appointment was illegal because no national search was conducted.

Gov. Steve Beshear requested Conway’s ruling.

If Cowgill hadn’t resigned, the governor could have asked all of the council members to resign or replaced them, said Drew Jenkins in Conway’s press office.

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, Turner said.

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

Beshear said Cowgill should be excluded from CPE’s new search because he was hired illegally, according to Beshear’s press office.

Cowgill had been acting as CPE interim president for about eight months until he was appointed president on April 14.

Turner said he accepts the resignation with mixed emotions.

Meanwhile, the removal of council member Virginia Fox creates more controversy for the CPE.

Fox is contesting her removal.

Beshear removed Fox after the House of Representatives didn’t approve her, said Sue Patrick, CPE director of communications.

Fox is saying she didn’t need to be approved by the House, Patrick said.

She said Fox was a valued CPE member and an advocate for educational reform.

Kentucky statute states members must be approved by the House and the Senate.

Fox said the statute violates the Kentucky Constitution, which states members only have to be approved by the Senate, the Lexington Herald-Leader reported.

Reach Michelle Day at news@chherald.com.