Request By:
Captain Sam Tucker
Legal Advisor
Department of Public Safety
Hall of Justice
600 West Jefferson Street
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 August 25 in which you seek an opinion as to whether or not officers of the Jefferson County Police Department can accept employment with the Transit Authority of River City. You relate the following facts:
"The Transit Authority of River City is planning to place armed guards on the TARC busses for protection of passengers and drivers. They plan to employ Sgt. Larry Hassman to operate this security force and many of the guards will be off-duty Louisville and Jefferson County Policemen working part-time.
"The TARC Board consists of eight men who hold office for a term of four years. Four members are appointed by the Jefferson County Judge/Executive and four are appointed by the Mayor of Louisville. The transit system is funded by an occupational license tax approved by voters of Jefferson County, Kentucky.
"If our officers accept employment by TARC, does this become an incompatible occupation under K.R.S. 61.080."
Our response to your question would be in the affirmative. The transit Authority of River City, otherwise known as TARC, is a political subdivision of the state pursuant to KRS 96A.020 that is neither a city, county or taxing district within the meaning of § 165 of the Constitution and KRS 61.080 relating to incompatible offices.
We have previously discussed the legal nature of TARC in a letter addressed to Mrs. Nelle Horlander, Chairman of the Transit Authority, dated March 29, 1977 [copy enclosed] . As the letter indicates, we believe TARC will fall in the same category as a municipal housing commission discussed in the case of City of Louisville Municipal Housing Commission v. Public Housing Administration, 261 S.W.2d 286 (1953).
Since TARC is neither a state, city or county entity, no incompatible situation would develop within the meaning of KRS 61.080 and § 165 of the Constitution were an officer of the Jefferson County Police Department [a county officer], or for that matter the Louisville Police Department [a city officer] employed part-time by TARC for the purposes you have indicated.
We also might cite OAG 66-777 [copy enclosed] in which we took the position that a joint city-county planning commission could not be considered either a city or county commission but simply hybrid and, as a consequence, a person could serve not only on the Capital Plaza Authority [a state agency], but also on the city-county planning and zoning commission without creating an incompatible situation under the referred to section of the Constitution and statutes. This theory would also be applicable to TARC, a joint city-county entity.