Request By:
Mr. Billy Duncan
Sheriff of Larue County
Hodgenville, Kentucky 42748
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 initially raise the question of whether or not it is legal for a state employe to be employed in the office of county clerk as a deputy.
A state employe is not prohibited from holding a county office under § 165 of the Constitution and KRS 61.080. Neither would a state employe under the merit system be prohibite from serving in an appointive position such as deputy clerk under KRS 18.310(4). A merit employe cannot, of course, become a candidate for an elective office with certain exceptions. There is always the possibility of a common law conflict where a state employe could not at the same time perform the duties of the office to which he was appointed with care and ability, however, this is a question of fact that only the courts can determine.
Your second question is whether a state employe can hold the office of magistrate, which is an elective office. If the state employe is a merit employe, he could not become a candidate for the office of magistrate without forfeiting his merit status under KRS 18.310(4). Even if he is not a merit employe, we believe that it is the policy of the present administration that no officer or employe of the state can become a candidate for any public office without resigning or taking a leave of absence, however, this is a matter that must be referred to the governor's office.