Request By:
Mr. Scott G. Miller, Jr., Mayor
Versailles, Kentucky 40383
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas C. Jacobs, Deputy Attorney General
This is in response to your letter of September 7, 1977. In your letter your state the following:
"On August 2, 1977, I appointed Lee Warley Harper to the Planning and Zoning Commission to fill the unexpired term of a member who resigned. Mr. Harper's appointment was confirmed by the City Council on that same date.
A question has been raised as to whether or not there would be a conflict of interest for Mr. Harper to serve on the Planning and Zoning Commission because he owns or owned an interest in property from which several five (5) acre and ten (10) acre tracts were sold. Mr. Harper informs me that he does not have any direct or indirect interest in any property in Woodford County other than an interest in a seventy-seven (77) acre tract which is operated for development and his home. A question has also been raised concerning a conflict of interest on the part of Mr. Harper to pass on zoning matters, specifically a change from Industrial to Commercial, on certain property in which an interest is held by a person with whom Mr. Harper was associated in the seventy-seven (77) acres now held as a farm. Again, I reiterate that Mr. Harper states to me and is willing to sign an affidavit that he does not have any direct or indirect interest in the land sought to be rezoned or in any other land other than that mentioned.
Please inform me if there is a conflict of interest and if so, please explain to what extent."
It is my understanding that a question has arisen as to whether or not Mr. Harper should be seated as a member of the Planning and Zoning Commission. The answer is that he should be seated.
This office has thoroughly researched the question of what constitutes a conflict of interest in connection with zoning matters and our opinion with regard to same is best expressed in OAG 74-142, a copy of which I enclose for your review. I specifically direct your attention to the conclusions on the last page of that opinion.
If there are questions concerning a conflict of interest on the part of Mr. Harper, the questions should be raised following his appointment and subsequent qualification by the Commission and at such time as a particular matter of zoning is before the Commission. We would seriously doubt, based on the legal analysis in OAG 74-172, that any one individual would be so thoroughly involved in the affairs of his community that he would be disqualified from serving on the Planning and Zoning Commission, although it is entirely possible that from time to time a matter may come before the Commission which would require his disqualification as to that particular issue. As stated in the last sentence of the conclusion in the above referenced opinion:
"Even if the subject commissioner's voting was invalid, which invalidity we hold in doubt, under the Kentucky law, as we see it, one bad vote would not contaminate the whole proceeding such as to make the actions void, provided that there was a sufficient number of votes without counting his."
We trust that this opinion of the Office of the Attorney General satisfies your requirements. Should further information be needed, please feel free to call or write this office at any time.