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Request By:

Honorable Kenneth D. Catron
Mayor
P.O. Box 518
Monticello, Kentucky 42633

Opinion

Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General

This is in response to your letter of June 9, in which you raise the question as to whether or not there would be any legal objection to you appointing a state employee serving in the Department for Human Resources, Child Welfare section, to the Electric Plant Board of the city.

Our response to your question would be in the negative. There is no constitutional or statutory objection to a state employee holding at the same time a municipal office, which would be the case in this instance. See Section 165 of the Constitution and KRS 61.080.

There is, of course, always the possibility of a common law conflict where the person in question cannot at the same time perform the duties of both positions with care and ability. However, this is a question of fact that only the courts can determine. See Polley v. Fortenberry, 268 Ky. 369, 105 S.W.2d 143 (1937).

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1982 Ky. AG LEXIS 323
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