Request By:
Honorable Kelly D. Powell
City Attorney
City of Scottsville
P.O. Box 524
Scottsville, Kentucky 42164
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 9 in which you relate that the city of Scottsville, a city of the fourth class, has adopted the civil service provisions of a third class city pursuant to KRS 90.300 etc., in accordance with the terms of KRS 95.761 (3). Under the circumstances, you raise the question as to whether or not a person can serve as both county judge/executive pro tem and as a member of the Scottsville civil service commission, appointed pursuant to KRS 90.310.
Our response to your question would be in the negative. We are enclosing a copy of OAG 72-808 in which we concluded that a member of the civil service commission of the city of Scottsville was a municipal officer. This being the case and in view of the fact that the county judge/executive pro tem [pursuant to KRS 67.735] would be a county officer since his duties as county judge/executive pro tem are the same as those of the county judge/executive when he acts as such, the two offices would be incompatible, one with the other, under the terms of KRS 61.080 (3).