Request By:
Mr. Ernie Siler
Siler Route, Box 52G
Williamsburg, Kentucky 40769
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of September 6 in which you raise the question as to whether the fact that you presently hold the office of State Representative from the 82nd District [but do not intend to run for reelection] would affect your employment by the Whitley County Board of Education as its Superintendent of Schools on June 30, 1977. Your question basically is whether or not you, as State Representative, can hold the appointive position of Superintendent of Schools.
Our response to your question would be in the negative. Referring to KRS 6.800, we quote subsection (1) as follows:
"(1) No legislator shall accept any appointment as an officer or employe of the commonwealth or any state agency except as provided in section 165 of the constitution unless he shall have first resigned his membership in the general assembly, and it shall be unlawful for the state treasurer to pay any salary by reason of such appointment until the resignation has been received by the presiding officer of the house of which he is a member." (Emphasis added.)
The position of School Superintendent is a state office pursuant to KRS 160.350 and as held in a number of cases, among them being Whitley County Board of Education v. Rose, 267 Ky. 283, 102 S.W.2d 28 (1937), and Board of Education of Graves County v. DeWeese, Ky., 343 S.W.2d 598 (1960). Since KRS 6.800 declared that a member of the state legislature cannot accept any appointment as an officer or employee of the commonwealth, and since the position of school superintendent is a state office, you would be in violation thereof by virtue of your appointment on June 30, 1977. The fact that the legislature is not in session would be of no consequence as you are a member of the legislature until your term expires.
We also suggest that this is a matter to be considered by the Board of Ethics of the General Assembly [established by KRS 6.810] pursuant to its power under KRS 6.820.