In court documents filed yesterday, Kentucky Health Benefit Exchange Executive Director Carrie Banahan testified "The Exchange was created pursuant to an Executive Order issued by the Governor on June 19, 2013." (emphasis added)
That date is interesting, because Banahan has been the Executive Director of Kentucky's ObamaCare "exchange" at an annual salary and benefits (state benefits, paid for by you) of $142,074.50 at least since May. Banahan was hired in July of 2012 to run the exchange and it was reported at the time that she would keep her old job until a replacement was hired. That apparently happened in May 2013.
The lawsuit challenging creation of the Kentucky exchange was based on a 2012 executive order that expired ninety days after the 2013 General Assembly session ended. Beshear then replaced that order with a new one, which KRS 12.028(5) clearly states he can not do:
However you slice it Banahan is out of a job soon, since there is no legal authority to create the position she now occupies at such a high cost. Governor Beshear should be made to reimburse the state for her salary and benefits since June 19, 2013 when he issued his bogus replacement executive order.