Request By:
Ms. Oleta M. Hatchett
Barren County Treasurer
Courthouse
Glasgow, Kentucky 42141
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of March 8 in which you request an opinion concerning the following:
"I am the County Treasurer of Barren County, my husband has taken the test for Property Valuation Administrator. He is eligible to be a candidate.
"I would appreciate a ruling from you if there is a conflict of Office or if there is not, before March 30, since that is the deadline for filing."
The office of county treasurer is a county office pursuant to KRS 86.010 and 86.020. The office of property valuation administrator is a state office. These two offices are incompatible, one with the other, under § 165 of the Constitution and KRS 61.080, however, the incompatibility applies only to an individual who seeks to hold both offices at the same time.
The fact that you hold the office of county treasurer and your husband is a candidate for the office of property valuation administrator would in no way involve an incompatible situation under the referred to sections of the Constitution and statute, even assuming that he is elected. Neither do we see any conflict of interest under the common law by virtue of the fact that you hold one office and your husband is elected to the other.