Request By:
Mr. Donald W. Pace
110 Carter Avenue
Winchester, Kentucky 40391
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 24 in which you raise the question as to whether or not you, as principal of an elementary school controlled by the Clark County Board of Education, can become a candidate for the office of magistrate of Clark County, and, if elected, continue to retain your position as principal.
A school principal is a state employe as held in a number of cases, among them being
Board of Trustees of Fairview Graded Common School District v. Renfrowe, 259 Ky. 644, 83 S.W.2d 27 (1935). A magistrate or justice of the peace is, of course, a county officer pursuant to Sections 99 and 100 of the Constitution. Section 165 of the Constitution and KRS 61.080 do not prohibit a state employe from holding at the same time a county office. Of course, the state merit statute would not be applicable [KRS 18.310 (4)] to your school position.
There would, of course, be a common law conflict of interest where the individual could not perform the duties of both positions at the same time with care and ability, however, this is a question of fact that only the courts can decide.
Likewise there would be no constitutional or statutory restriction on you becoming a candidate for the office of magistrate though there may be a local regulation promulgated by the county board of education prohibiting school employes from becoming candidates for public office without resigning or taking leave of absence. However, we know of some instances where school employment contracts contain such a restriction. As a consequence, this matter should be taken up with your local board.