Request By:
Honorable Thomas G. Alig, Jr.
Attorney at Law
115 - 117 Park Place
Covington, Kentucky 41011
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of April 28 in which you raise the following question:
". . . I am requesting an opinion from your office as to the legality of a council member of the city of the fourth class to submit bids from her company as concerns the manufacturing of various steel structures and items for a senior citizens highrise that is to be built in the city. The senior citizens highrise is being developed by a private developer and is being financed through the Department of Housing and Urban Development. . . ."
The above question involves a possible conflict of interest under the terms of KRS 61.270 and 86.050 which prohibit, in effect, a member of the city council from being directly or indirectly interested in any contract with the city. From the facts given, however, the contract would be between the private developer receiving financial aid from the United States Department of Housing and Urban Development, and the manufacturing concern in which the city councilman owns a pecuniary interest. This being the case, we see no violation of the conflict of interest statutes insofar as the council member is concerned.