Request By:
Honorable Gary Houston
Attorney at Law
501 Citizens Bank and Trust Company Building
P.O. Box 995
Paducah, Kentucky 42001
Opinion
Opinion By: Steven L. Beshear
This is in response to your request as to whether or not a member of the state legislature can be employed by the McCracken County-Paducah Tourist and Convention Commission as its Executive Director.
Your question involves a conflict of interest which we do not believe exists for the reasons hereinafter set forth. Membership in the Kentucky legislature represents a state office in the legislative branch of government. On the other hand, a joint city-county tourist and convention commission established pursuant to KRS 83.340 constitutes a hybrid agency of the city and county which means it is neither a city nor county agency since it is composed of commission members appointed jointly by the mayor of the city and the county judge who serve both the city and county. Thus, the commission serves in a dual capacity similar to a joint city-county planning commission which we held to be of this hybrid nature in OAG's 66-777 and 70-731, copies attached. See also OAG 79-483 pertaining to a joint city-county human rights commission and OAG 80-199 concerning the Louisville and Jefferson County Metro Park Board.
The joint commission is authorized pursuant to KRS 83.345(4) to employ such personnel as it deems necessary which would include of course an executive director who would serve both the city and county in a joint capacity and thus be considered neither a city nor county employee.
Section 165 of the Constitution and KRS 61.080 prohibit a person who holds a state office or membership in the General Assembly from serving as an officer or employee of any county, city or other municipality; however, since we believe that not only members of the commission but also employees of the commission serve in both a city and county capacity and not one or the other, there would be no violation of the provisions of the Constitution or statute.
We likewise see no violation of the Legislative Ethics Act, KRS 6.755 to 6.825, or any conflict under the separation of powers doctrine expressed in Sections 27 and 28 of the Constitution, particularly where the legislator serves merely in a position of employment in what might be considered an executive agency.
Should we have perceived a problem in our answer to your first question, you asked us whether an alternate approach was appropriate. You specifically asked whether a member of the legislature could be employed by a local Chamber of Commerce as a staff member. The commission would then contract with the local chamber to provide the types of services which its own staff would otherwise perform.
Because of our answer to your first question, there is really no need for a lengthy discussion of the second. However, it is clear that a state legislator can be employed as a staff member of a chamber of commerce without any fear of conflict of interest. In addition, pursuant to KRS 83.345(4), a commission may contract for these types of services with a local chamber of commerce, and we would see no problems being created for the state legislator by such an arrangement.
OAG's 75-319 and 76-3 are modified accordingly.