Request By:
Mr. Edward L. Henry
Henry-Cisney Chevrolet, Inc.
P.O. Box 470
Central City, Kentucky 42330
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 14 in which you raise the following questions:
"Number 1. Can a vendor, with a step son-in-law legislator, sell merchandise to the State of Kentucky, and not be subject to the 'conflict of interest' statutes?
"Number 2. Can a vendor, with a management employee who is a member of a City Council, sell merchandise to the respective city government, and not be subject to the 'conflict of interest' statutes."
Based on the bare facts presented in your initial question, we find no specific provision under the Legislative Ethics Act [KRS 6.755 to 6.835] that would prohibit the contemplated sale of merchandise to the state by a vendor whose step son-in-law is a member of the legislature. We must caution that there may be many variable factors and the ethics act details many restrictions on the conduct of members of the legislature. We refer specifically to KRS 6.775 (2) which prohibits a legislator from using his official position or office to obtain financial gain for himself, any member of his family, or persons with whom the legislator maintains a close economic association. Also, referring to KRS 6.795 (4), it is noted that no legislator shall receive compensation for representing any person in any transaction involving the state with certain exceptions. In the final analysis, however, your question is one that should be referred to the State Board of Ethics created under the act for the purpose of rendering advisory opinions on questions of this nature arising under the act.
Our response to your second question would be in the negative as KRS 61.270 prohibits a member of the City Council of Central City, a city of the fourth class, from being interested, directly or indirectly, in any contract with the city. KRS 61.270 reads as follows:
"If any officer of a city of the fourth class becomes directly or indirectly interested as agent, principal or surety in any contract with the city, he shall thereby vacate his office, and the contract, if entered into while he is in office, shall be void."