Request By:
Mr. James Hite Hays
Shelby County Attorney
P.O. Box 88
521 Main Street
Shelbyville, Kentucky 40065
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Question No. 1:
"Can a constable who is duly elected be appointed a county policeman under KRS 70.540 and serve in both capacities?"
Section 165, Constitution, and KRS 61.080 do not prohibit a person's holding two county offices at the same time. However, there would be a common law incompatibility if it would be physically impossible to perform all duties of both offices with care and ability and with impartiality and honesty. Hermann v. Lampe, 175 Ky. 109, 194 S.W. 122 (1917). See also KRS 70.540 and 61.300.
Question No. 2:
"With reference to KRS 70.540 does the county judge executive have ultimate power to appoint county policemen and does this appointment have to be done each year to be effective?"
The county judge/executive has the authority to establish and appoint a county police force under the statute. The "county judge/executives" are merely substituted for the term "county courts" in KRS 70.540. See 1976 Acts (Ex. Sess.), Ch. 20, § 6. All members of the county police force shall be appointed by the county judge/executive and shall serve a term of one (1) year from the date of their respective appointments, unless sooner removed by the county judge for neglect of duty or improper conduct. Thus the appointments are on a one year at a time basis.