Request By:
The Honorable Randall Donahue
State Senator
14th Senatorial District
Loretto, Kentucky 40037
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 25 in which you raise the following question:
"I have a question regarding a conflict of interest, possibly. I have been appointed to the Banking and Insurance Committee of the Kentucky Senate. Also, I am a director and vice-president of a small bank in my hometown of Loretto, Kentucky. Would this be construed as a conflict of interest?"
The answer to your question will be found under the 1976 Act dealing with legislative ethics, namely KRS 6.755 to KRS 6.825. Referring specifically to KRS 6.760(1), we quote the following:
"When a legislator's personal or private interest conflicts with the public interest and tends to affect his independence of judgment, in accordance with section 57 of the constitution, his legislative activities are subject to limitations. Where any such conflict exists, he shall disqualify himself from voting upon any question in which he has a personal or private interest. However, when such a conflict exists, a legislator may participate in the business of the general assembly and its committees, except to vote, and in so doing, he is presumed to act in good faith and in the public interest. (Emphasis added).
You will note from the above, even where a conflict of interest exists, a legislator may participate not only in the business of the general assembly but also that of its committees. As a consequence, it would appear that your serving on the committee in question would not be construed as a conflict of interest under any circumstances.
As to whether or not you would be required to refrain from voting, either as a member of the committee or as a member of the legislature, we refer you to KRS 6.770 setting forth the guidelines to determine the necessity of a member of the legislature to abstain from voting due to a conflict of interest. Pursuant to this statute and particularly subsection (6), it is provided that a legislator may request an advisory opinion on this subject from the board of ethics in accordance with the board's rules of procedure.