Request By:
Mr. David K. Noran
City Engineer-Coordinator
City of Fort Thomas
130 N. Fort Thomas Avenue
Fort Thomas, Kentucky 41075
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of August 25 in which you relate that the city of Fort Thomas [a city of the fourth class] has created a board pursuant to KRS 97.030 to administer its recreational facilities. Under the circumstances, you raise the question as to whether or not a city councilman can be appointed to serve on the recreational board created pursuant to said statute.
Our response to your question would be in the negative. This office has, on a number of occasions, held that a member of the recreational board, established pursuant to KRS 97.030, is a municipal officer. Reference OAG 73-716 [copy enclosed] and OAG 61-846. On the other hand, a member of the city council is also a municipal officer pursuant to the charter relating to fourth class cities, namely Ch. 85 KRS.
Section 165 of the Constitution and KRS 61.080 prohibit a person from holding two municipal offices, either in the same or different municipalities, at the same time.
Under the circumstances therefore, a member of the city council cannot serve on the Playground and Recreation Board established pursuant to KRS 97.030.