Request By:
Mr. James S. Secrest
Allen County Attorney
Box 35
Scottsville, Kentucky 42164
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
One of your magistrates is considering employment as manager of the local quarry operation of state contracting and stone company. The county purchases its crushed stone from that company.
You seek our opinion as to whether such employment would run afoul of KRS 61.220.
KRS 61.220 prohibits any member of fiscal court from becoming interested, directly or indirectly, in any contract for material to be furnished to the county.
Under the assumption that a pecuniary interest of the magistrate in question in the county contract can be traced [the financial implications of this contract in the payment of the magistrate's salary as quarry manager], KRS 61.220 would be violated if he were to accept such employment. Commonwealth v. Withers, 266 Ky. 29, 98 S.W.2d 24 (1936). We agree with the advice you gave to that effect.