Request By:
Mr. Dee Langford
County Court Clerk
Hickman, Kentucky 42050
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 17 in which you raise the following questions:
"1. Candidate for Magistrate -- presently Mgr. of Fulton Co. Hickman Chamber of Commerce -- funded by CETA Grant. Is this violation of the Hatch Act?
"2. Director of Fulton Co. Area Vocational Center on Feb. 23 announced his intention in the local paper to run for County Judge but still retains his job and plans to resign and file as candidate March 31, 1977. Also, is serving as Director on above mentioned Fulton Co. Hickman Chamber of Commerce. Is this violation of Hatch Act?
"3. Member of School Board (Fulton Co.) and also serving as State ABC Officer for Fulton Co. Are not these offices incompatible?"
Your initial question involves the application of the Federal Hatch Act on the assumption that the individual's position is funded by federal funds under the Comprehensive Employment Training Act, otherwise known as CETA. The Hatch Act prohibits state and local officers and employes whose positions are in part federally funded from engaging in political activity or becoming candidates for elective offices other than those offices involving nonpartisan elections. See USCA, Title V, Sections 1501 and 1053. Though it would appear that the individual in question could not become a candidate for the office of magistrate without violating the terms of the Hatch Act since it involves a partisan election, this question can only be answered by the Federal Civil Service Commission which administers the Hatch Act.
In response to your second question concerning the director of the area vocational center becoming a candidate for county judge, we are enclosing a copy of a letter covering this question addressed to Earl Taylor of Hickman, dated February 10, 1977. The answer to the second part of your question concerning the person serving as director of the Hickman Chamber of Commerce funded by CETA is the same as our response to your initial question.
In response to your third question, members of the Fulton County Board of Education must be considered state officers as held in a number of cases, among them being
Runyon v. Commonwealth, Ky., 393 S.W.2d 877 (1965). At the same time the position of State ABC officer is one authorized pursuant to KRS 241.090. Under this statute the field representatives have full police powers which may or may not place their position in the category of a state officer. Though KRS 160.180 (1) (d) prohibits a school board member from holding and discharging the duties of any local office or agency under the city or county of his residence, it would not prohibit a school board member from holding employment or an appointive office with the state. See OAG's 39,977 and 38, 238 [copies attached].
Of course, a board member could not become a candidate for any public office, local or state.