Request By:
Mr. Larry J. Crigler
Boone County Attorney
P.O. Box 114
Burlington, Kentucky 41005
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your question is whether or not a conflict of interest would exist if a Boone County deputy jailer were permitted to join the Boone County Auxiliary Police Force.
We assume that the Boone County Fiscal Court has established a county auxiliary police force pursuant to KRS 67.083(3)(u), since the old auxiliary police forces established under KRS 70.545 [repealed by 1978 Acts, Ch. 118, Sec. 19] are now vitiated. See OAG 80-36, copy enclosed, on that point.
The two offices would both be county offices. Section 165 of the Kentucky Constitution and KRS 61.080 do not prohibit a person from holding at the same time two county offices.
However, it is appropriate to consider any common law or practical incompatibility which might arise out of his holding the two positions at the same time. Common law incompatibility would arise where such offices cannot be executed with care and ability or with impartiality and honesty. Hermann v. Lampe, 175 Ky. 109, 194 S.W. 122 (1917) 126. It is at once apparent that an auxiliary police unit would function at random or in emergency situations, such that it would be a part time job. However, because of the particular factual elements involved here, only the courts could finally and adequately resolve any such issue. The practical question is whether he could perform both functions in the manner and to the extent required by law.