Request By:
Ms. Irene Deaton
City Commissioner
City of Newport
18 Biehl Street
Newport, Kentucky 41071
Opinion
Opinion By: Robert F. Stephens, Attorney General; Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of August 20 in which you raise the following question:
"Our city attorney is hired by contract, per year. We have a Federal E.D.A. grant for a park and a swimming pool. This same attorney is doing legal work and is also being paid from the E.D.A. grant. Is there any conflict of interest in being city attorney and being hired to do legal work by the city with this E.D.A. Federal Grant?"
In response to your question, the city of Newport operates under the city manager form of government and is not required to elect a city attorney as prescribed by KRS 69.450 nor is such officer required to perform the duties prescribed by KRS 69.460 which would apparently embrace all legal work involving the city.
From the facts given it appears that the attorney, which you refer to as city attorney, has been hired under a personal service contract and technically cannot be considered the city attorney hired normally for a term of years with the office established by ordinance.
In any event his duties under his contract are, we assume, specifically stated and unless those duties embrace all legal work in which the city is involved, we see no objection to the city hiring him by separate contract to perform this special service involving the E.D.A. federal grant to establish a park and swimming pool.