Skip to main content

Request By:

Mr. Kenneth E. Bland
c/o Rowan County Board of Education
118 University Boulevard
Morehead, Kentucky 40351

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 relate that you are presently employed as Assistant Superintendent and Treasurer for the Rowan County Board of Education. You are at the same time seeking nomination to the office of magistrate of the third magisterial district of the county in the May primary. Under the circumstances, you raise the question as to whether or not the two offices are compatible.

The answer to your question would be in the negative. KRS 160.360 provides that each board of education may appoint as many assistant superintendents as it deems necessary. The Court of Appeals in a number of cases has indicated that an assistant superintendent stands in the same position as the superintendent since he has the same powers and duties as the superintendent. See

Knuckles v. Board of Education, 272 Ky. 431, 114 S.W.2d 511 (1938); and

Richardson v. Bell County Board of Education, 296 Ky. 520, 177 S.W.2d 871 (1944). A superintendent of a county school is a state officer pursuant to KRS 160.350 and as held in a number of cases, among them being

Whitley County Board of Education v. Rose, 267 Ky. 283, 102 S.W.2d 28 (1937); and

Board of Education of Graves County v. DeWeese, Ky., 343 S.W.2d 598 (1960). Since an assistant superintendent has essentially the same powers and duties as the superintendent, we believe that he would, in like manner, be classified as a state officer.

On the other hand, the office of magistrate or justice of the peace is a county office named in Section 99 of the Kentucky Constitution.

Section 165 of the Constitution and KRS 61.080 provide, in effect, that no state officer shall at the same time hold a county office. This being the case, the position you presently hold as Assistant Superintendent of the Rowan County School System would be incompatible with the office of magistrate, and if elected to the office of magistrate, you would automatically forfeit your position as assistant superintendent pursuant to KRS 61.090. This statute provides that the acceptance by one in office of another office incompatible to the one he holds shall operate to vacate the first office.

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 655
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.