Request By:
Honorable Roger William Perry
Attorney at Law
908 Poplar Street
Benton, Kentucky 42025
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of February 17 in which you state that you represent a candidate for the office of magistrate who is also employed as a maintenance worker in the county vocational school. Under the circumstances, you raise the following questions:
"1. Is there any constitutional or statutory provision that requires him to resign as a maintenance employee for a County Vocational School if elected County Magistrate?
"2. Is there any constitutional or statutory requirement that he must resign as a maintenance employee for a County Vocational School in order to enter the race?
"3. May a local board adopt a rule that a maintenance employee in a County Vocational School must resign in order to run for County Magistrate or resign if he is so elected? "
In response to the above questions there is no statutory or constitutional provision that would prohibit the county vocational school employee [who would be considered a state employee] from becoming a candidate for public office. See Section 165 of the Constitution and KRS 61.080. The constitutional and statutory reference to incompatible offices does not apply to a candidate running for office but only when he assumes a position that is incompatible with the one he holds. See KRS 61.090.
On the other hand, such employee might be prohibited by virtue of a provision in his employment contract with the local school [which we understand is the case in some instances] or a rule adopted by the local board of education that its employees cannot become candidates unless they resign or take a leave of absence. We understand that there is no state department of education policy concerning this question.