Request By:
Mr. Harlan E. Judd, Jr.
Cumberland County Attorney
Courthouse
Burkesville, Kentucky 42717
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You have this question:
"Is it illegal for a member of the fiscal court to vote on matters concerning a brother or sister? "
We have no general anti-nepotism statute in Kentucky [one prohibiting governmental hiring of a board member's kin folks]. We also can find no statute prohibiting a member of the fiscal court from voting on a matter in which he has a personal interest other than a contractual or monetary interest. Cf. KRS 61.220. However, the principle has been established that "The public is entitled to have its representatives perform their duties free from any personal or pecuniary interest which might affect their judgment." (Emphasis added), McQuillin, Mun. Corps., Vol. 4, § 13.35. Elsewhere in that section of McQuillin it is stated that where a member of a governing body has an individual interest or concern, he should not participate in the vote. If he does, the action taken by the body is invalidiated. The rule is based upon the above principle of public policy.
In City of Springfield v. Haydon, 216 Ky. 483, 288 S.W. 337 (1926), it was alleged that one councilman was interested in the subject matter of an ordinance. The court said that the councilman having an "interest" in the matter cannot vote on it. However, the precise nature of the disqualifying interest is not spelled out in that decision.
Since we can find no Kentucky decision which reflects the view that a member of a legislative body who votes on a matter in which he has a nonmonetary or personal interest voids the legislative action, it is our view that a member of fiscal court voting on a matter concerning a brother or sister should not participate in the vote although the member has no pecuniary interest in the matter. This is based on the public policy consideration that the public is entitled to have its representatives perform their duties free from personal bias or interest, even though the interest is not pecuniary in nature.