Request By:
Mr. Forest C. Easley
Member, Board of Trustees
City of Stamping Ground
Stamping Ground, Kentucky 40379
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 22 in which you raise the following questions:
"Is it legal for the same person to be both City Clerk and City Treasurer of this city? What is the penalty if same person should hold both of these offices at the same time?"
In response to your initial question, the positions of city clerk and city treasurer of a city of the sixth class are two separate and distinct offices under the terms of KRS 88.180 (2) which provides, in effect, that the treasurer and the clerk shall be appointed by the board of trustees for a term of two (2) years. KRS 88.210 also requires the clerk and the treasurer to execute bond before entering the duties of their respective offices. See also KRS 92.070 relating to the duties of the treasurer in cities of the sixth class which, among other things, requires the treasurer to make quarterly settlements with the city clerk.
Section 165 of the Constitution and KRS 61.080 prohibit any person from holding two municipal offices at the same time; therefore, the person in question cannot hold the office of city clerk and city treasurer at the same time in a city of the sixth class.
In response to your second question, the only penalty attached to the above incompatible situation is that provided in KRS 61.090 which states that the acceptance of one in office of another office incompatible with the one he holds shall operate to vacate the first office.