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Request By:

Honorable Roger William Perry
Attorney at Law
908 Poplar Street
Benton, Kentucky 42025

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General

This is in answer to your letter of February 17 in which you state that you represent a candidate for the office of magistrate who is also employed as a maintenance worker in the county vocational school. Under the circumstances, you raise the following questions:

"1. Is there any constitutional or statutory provision that requires him to resign as a maintenance employee for a County Vocational School if elected County Magistrate?

"2. Is there any constitutional or statutory requirement that he must resign as a maintenance employee for a County Vocational School in order to enter the race?

"3. May a local board adopt a rule that a maintenance employee in a County Vocational School must resign in order to run for County Magistrate or resign if he is so elected? "

In response to the above questions there is no statutory or constitutional provision that would prohibit the county vocational school employee [who would be considered a state employee] from becoming a candidate for public office. See Section 165 of the Constitution and KRS 61.080. The constitutional and statutory reference to incompatible offices does not apply to a candidate running for office but only when he assumes a position that is incompatible with the one he holds. See KRS 61.090.

On the other hand, such employee might be prohibited by virtue of a provision in his employment contract with the local school [which we understand is the case in some instances] or a rule adopted by the local board of education that its employees cannot become candidates unless they resign or take a leave of absence. We understand that there is no state department of education policy concerning this question.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1977 Ky. AG LEXIS 668
Forward Citations:
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