Request By:
Mr. Dickie Brunner
163 Woodmont Drive
Paris, Kentucky 40361
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 24 in which you relate you are employed as comptroller for Bourbon County and you would like to run for membership on the city school board and serve, if elected. The question is raised as to whether there is any conflict of interest in holding the two positions.
Our response to your question would be in the affirmative. Membership on the city school board would constitute a state office as held in a number of cases, among which is
Hoskins v. Ramsey, 198 Ky. 465, 247 S.W. 371 (1923). On the other hand, your position as comptroller for Bourbon County would constitute a form of county employment.
Section 165 of the Constitution and KRS 61.080 prohibit a person holding a state office from holding any office or employment with the county. Also KRS 160.180 (1) (e) provides that no person shall be eligible for membership on a board of education who holds or discharges the duties of any civil office under a county. As a consequence the office of city school board member and your employment as county comptroller would be incompatible.
Of course, your candidacy for office would not be affected by the referred to section of the Constitution and statutes; it would only apply when you assume the position on the school board.