Request By:
Mr. Joe Tuggle
207 Padgett Street
Corbin, Kentucky 40701
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of March 3 in which you refer to KRS 95.470 and raise the following questions:
"1. Would it be legal for me to enter the race for Sheriff of Whitley Co.
"11. If I would have to take a leave of absence from the Corbin Police Dept. of which I am a full time Patrolman, in order to enter the race.
"111. Does the above mentioned K.R.S. apply to police officers in all class cities."
KRS 95.470(3) governs police departments in cities of the second and third class and reads as follows:
"No member of either department shall pay or collect any assessments made by political organizations, contribute to political campaign funds, be active in politics or work for the election of candidates for office."
We have taken the position in previous opinions that the above quoted section of the civil service statute would prohibit a member of the police department of said cities from becoming a candidate for any public office. See OAG 73-169 [copy enclosed].
Thus, in order for you to become a candidate for the office of sheriff, you would have to resign from your position with the police department or take a leave of absence, if permitted to do so by the city legislative body.