Request By:
Ms. Helen O'Dell
LaRue County Court Clerk
Hodgenville, Kentucky 42748
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 31 in which you raise the following questions:
"We have the declaration papers for a candidate for city council as a Democrat. This person is now chairman of Urban Renewal and a member of board directors of the Housing Project. Does this prevent him from being a candidate? The Candidate receives no remuneration."
Regardless of whether or not an incompatibility or conflict of interest would exist, if the person in question were elected to the city council, the fact that he holds the position mentioned would in no way affect his right to become a candidate for public office [in this case the office of city council] in the primary and general election. Any incompatibility that may exist would not occur until he assumes the office of city council. See KRS 61.090.
We might mention the fact that if elected to the city council, he would become disqualified from serving as the member of the housing commission pursuant to KRS 80.040 and also on the urban renewal agency [Ch. 99 KRS], if it is operated by the city, since it would constitute a municipal office. KRS 61.080 and § 165 of the Constitution prohibit the person from holding two municipal offices at the same time. If however the urban renewal agency is created as an independent agency under Chapter 99, no incompatibility would exist. Reference OAG 70-587 and 76-682.