Request By:
Mr. Hershel Taylor
McKee, Kentucky 40447
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of September 15 in which you raise the following question:
"May an individual employed by a city as director of its community development agency and bonded to the city as partner of a contracting firm doing business with the city be eligible to seek the office of mayor of that city?"
Our response to your above question would be in the affirmative. KRS 61.280 prohibits any officer of a city of the fifth class such as the mayor of McKee from being involved, directly or indirectly, in any contract with the city.
If and when the individual in question becomes the mayor, the city could not contract with the contracting firm of which he is a partner, since he would have a direct interest. Such contract would not only be void but would constitute grounds for his removal from office as provided in KRS 61.280.
On the other hand, as an employee of the city, there would be no restriction on him becoming a candidate for the office of mayor because the question of incompatibility does not exist until the person assumes the second office which would be incompatible with his present position. See KRS 61.090.