Request By:
Honorable R. Wayne McGee
Harrison County Attorney
P.O. Box 112
Cynthiana, Kentucky 41031
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your question is: Whether or not the county road engineer can run for county judge [county judge/executive] while he is still holding the office of county road engineer? The county judge wants a formal opinion.
The county road engineer is indeed the key person in the county road department. Among his powers under KRS 179.070 are these: He has general charge of all county roads and bridges. He must see that county roads and bridges are improved and maintained as provided by law. He must supervise the construction and maintenance of county roads and bridges. Together with the fiscal court, he must consider and either reject or approve plans, specifications and estimates submitted for the erection or repair of bridges and the construction or maintenance of county roads. The county road engineer has the duty of inspecting or supervising the inspection of road and bridge work. In addition, the engineer must publish notices and ads relating to letting of contracts for the construction or maintenance of county roads. KRS 178.050. While the fiscal court makes the awards for road and bridge contracts, it is obvious that the county road engineer's influence in the determination of the "lowest and best" bidder is substantial. Also while the fiscal court hires and fires county road employees, it is evident that the county road engineer's influence in such decisions can be considerable. KRS 179.110. See
Fiscal Court of Fayette County v. Nichols, 287 Ky. 478, 153 S.W.2d 986 (1941), for history of county road engineer legislation.
KRS 179.460 reads:
"No county engineer shall directly or indirectly influence or attempt to influence any voter in any election in the casting of his vote."
In the earlier form of the statute [K.S. § 4356N, 1914], it was provided that if any county road engineer directly or indirectly influences or attempts to influence any voter in any state, county or district election in the casting of his vote for or against any candidate, he shall be fined not less than $20 nor more than $100 for each offense. See KRS 179.990(11).
Since a county road engineer running for county judge/executive [see S.B. 18 of the 1976 Extraordinary Session creating this new office of county judge/executive] must necessarily attempt to influence voters to vote for him, it is our opinion that in doing so he would be in violation of KRS 179.460. The legislature, in enacting KRS 179.460, undoubtedly had in mind the key role of the engineer in road building. It is obvious that the legislature wanted to thus keep the engineer out of county politics. The Legislature wants professionalism out of the county road engineer. It does not want a politician in that job. The statute says he cannot influence voters. Such words must be given their literal and ordinary meaning, since no different intent is set forth.