Request By:
Mrs. Allie B. Porter
R.R. 6, Box 400
Morehead, Kentucky 40351
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 16 in which you raise the question as to whether or not your son, who is employed by Morehead State University as a manual laborer, could become a candidate for the office of magistrate and, if elected, serve in both positions at the same time.
Our response to your question would be in the affirmative as far as the Constitution and statutes are concerned. There is nothing under § 165 of the Constitution or KRS 61.080 that would prohibit a school employe, who is in fact a state employe, from becoming a candidate for and holding the office of magistrate (county office), if elected. In this respect we are enclosing a copy of OAG 77-146. Morehead State University is of course a state agency and its employes are state employes. See Daniel's Adm'r. v. Hoofnel, 287 Ky. 34, 155 S.W.2d 469 (1941).
However, as pointed out in OAG 77-146, there may be a common law conflict of interest on which we cannot rule. Likewise there may be a regulation promulgated by the university that would prohibit its employes from becoming candidates for public office while continuing to serve as employes of the university. You must check this out with the university authorities.