Request By:
Mr. Bob Kirchdorfer
Director, Metro Parks
1297 Trevilian Way
Louisville, Kentucky 40213
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of March 24 in which you relate that an individual has recently been appointed by the Commissioner of Kentucky State Parks as Director of Golf to oversee golf course operations at the various Kentucky Parks. This individual has been a member of the Metro Park Board, established pursuant to Ch. 97 KRS, and the question is raised as to whether or not the two positions are incompatible which would prohibit said individual from continuing to serve in both positions.
Our response to your question would be in the negative. The Metro Park Board is a joint board established pursuant to KRS 97.035 by Louisville and Jefferson County. Said board is comprised of fourteen (14) members; seven (7) appointed by the Mayor of Louisville and seven (7) by the County Judge/Executive. The members of the Metro Board thus serve in a joint capacity and hold thereby what we term as a hybrid office which is neither a city nor county office as contemplated by either § 165 of the Constitution or KRS 61.080. See OAG 70-731 attached. The reasoning behind this position is found in OAG 66-777 [copy attached] in which we took the position that membership on a joint planning and zoning commission fell within this hybrid category.
On the other hand, the position of Director of Golf, which is not a statutory office, would appear to be merely a form of state employment though as a matter of fact it would make no difference in this instance whether it be so considered or determined to be a state office, since in neither event could the position with the Metro Parks Board and the position with the Commonwealth be deemed incompatible as we construe the constitutional section and statute referred to.
Therefore, we see no legal objection to the person holding both positions at the same time, assuming of course that he can perform the duties of both with care and ability which otherwise might create a common law conflict but which is a matter for the courts to determine.