Skip to main content

Request By:

Honorable Martin W. Johnson
Attorney at Law
John Lovett Building
Benton, Kentucky 42025

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General

This is in answer to your letter of December 21 in which you raise the question as to whether or not a newly elected member of the Marshall County Board of Education can continue to serve as Treasurer of Calvert City.

Membership on the county board of education is a state office as held in many cases, including

Runyon v. Commonwealth, Ky., 393 S.W.2d 877 (1965). On the other hand, the position of city treasurer of Calvert City, a city of the fourth class, would be considered a municipal office pursuant to the terms of KRS 92.060.

Section 165 of the Constitution and KRS 61.080 prohibit a person from holding a state office and a municipal office at the same time

Aside from the above prohibitions, KRS 160.180 (1) (e) declares that no person shall be eligible to membership on a board of education who holds or discharges the duties of any civil office under the city or county of his residence.

As a consequence, a person holding the position of membership on the Marshall County Board of Education cannot at the same time serve as City Treasurer of Calvert City.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1979 Ky. AG LEXIS 627
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.