Request By:
Mr. James W. Lambert
Attorney at Law
P.O. Box 278
Church Street
Mt. Vernon, Kentucky 40456
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
This question has arisen in your county:
"May a deputy state fire marshall (paid a monthly salary) also serve as a county police officer at night?"
The state deputy fire marshal can perform any power, duty or function vested in, imposed upon or delegated to the state fire marshal by law or regulation. KRS 227.230. On the face of it, the state deputy fire marshal holds a public office, as measured in terms of the five requisite elements of a public office. See
Howard v. Saylor, 305 Ky. 504, 204 S.W.2d 815 (1947) 817.
Since a county police officer is a county officer, and since the deputy state file marshal is a state officer, Section 165 of the Kentucky Constitution and KRS 61.080(1) expressly prohibit such person from holding at the same time those two offices.
In this situation, it is not necessary to consider any possible practical or common law incompatibility.