Request By:
Mr. Leonard Gray
Assistant Director
Department of Personnel & Employee Relations
City of Louisville
701 West Jefferson, 3rd Floor
Louisville, Kentucky 40202
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of October 31 in which you raise the following question with respect to a possible incompatibility or conflict of interest:
"I am currently employed by the city of Louisville as the Assistant Director of the Department of Personnel and Employee Relations.
"I am interested in writing an affirmative action plan for several divisions of Jefferson County Government, on my off time, working independently from my position with the city."
Under the facts presented, we do not find any constitutional or statutory incompatibility for the following reasons. Your current employment as Assistant Director of the Department of Personnel & Employee Relations by the city of Louisville would at most constitute a municipal office. At the same time your duties in connection with writing an affirmative action plan of various divisions of Jefferson County Government would at most constitute a form of county employment or place you in the category of an independent contractor. Neither § 165 of the Constitution nor KRS 61.080 prohibit a city officer or employee from holding county employment or an independent contract with the county. The prohibition involves the holding of a city office and a county office at the same time, which, from the bare facts presented, would not as we said involve the two positions you contemplate holding.
There is always a possibility of a common law conflict; however, this is a question of fact that only the courts can determine. Nevertheless, we do not envision any problem in this area since such a conflict generally involves the question of being able to perform the duties of both positions at the same time with care and ability and in your case you would be working in your off time with respect to the county position.