Request By:
Mr. Charles H. Jarrells
City Clerk
City of Vanceburg
Vanceburg, Kentucky 41179
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your recent letter in which you as the present appointed city clerk would like to run for the office of magistrate and raise the question as to whether or not this would be legal and, if you are successful, could you hold both positions at the same time.
There is no legal objection to your becoming a candidate for another public office, however, if elected, then the question of incompatibility arises.
The position of city clerk of a fourth class city is a municipal office even though it is an appointive office. It can be made an elective office if so required by ordinance. In KRS 86.020 you will note the provision that, and we quote: "Whenever the office [clerk] is made elective, the city clerk . . . shall . . . notify the county clerk in writing for the purpose of placing the office on ballots for future elections." (Emphasis added). Also, we have previously held that the position of city clerk is an office in OAG 72-785 and OAG 75-721. On the other hand, the office of magistrate is a county office under the terms of § 99 of the Constitution.
KRS 61.080 prohibits a person from holding a municipal office and a county office at the same time as they are declared to be incompatible, one with the other. KRS 61.090 provides, in effect, that one holding an office incompatible with the office to which he assumes vacates his initial office.
Under the circumstances, you can run for the office of magistrate but if elected you cannot continue to hold the office of city clerk.