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Request By:

Colonel O. J. Johnson
Chief of Police
505 Commonwealth Avenue
Erlanger, Kentucky 41018

Opinion

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

This is in response to your letter of January 4 in which you raise the question as to whether or not a conflict of interest or incompatibility exists where an auxiliary police officer of the city of Erlanger is at the same time a full-time Instructor-Coordinator of the Department of Training at Eastern Kentucky University.

Our response to your question would be in the negative. An auxiliary police officer of a city, a position which is presumably established under KRS 95.445, has the same powers as a regular police officer, that of arrest and the right to carry a weapon and is, therefore, considered a municipal officer as pointed out in OAG 67-554, copy attached. On the other hand, the position of Instructor-Coordinator for a department at Eastern Kentucky University would at most be considered a form of state employment. Eastern Kentucky University is, of course, a state agency and its employees are therefore state employees. Neither Section 165 of the Constitution nor KRS 61.080 prohibits a state employee from holding a municipal office. Also, the fact that an auxiliary police officer is not generally considered a full-time position as indicated in KRS 95.445 would eliminate the possibility of a common-law conflict where, for example, the individual could not perform the duties of both positions at the same time with care and ability. However, possible common-law conflicts of interest are questions for the courts to determine.

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:
1983 Ky. AG LEXIS 468
Cites (Untracked):
  • OAG 67-554
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