Request By:
Honorable William R. Weinberg
Attorney at Law
Perkins Building
Hindman, Kentucky 48122
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of September 15 in which you relate that you were recently nominated for the office of State Representative for the 92nd Congressional District. You also belong to the firm of Pratt and Weinberg and relate the following facts and questions:
"Our firm has a legal services agreement with the City of Hindman, and with the Hindman Water and Sewer District, in which we are to provide the City, and the Water and Sewer District, with legal advice and assistance in connection with the operations of the City business and that of the Water and Sewer District.
"Our firm desires to continue to represent the City of Hindman; and the City also desires to continue this relationship.
"Our question is: Would there be a conflict of interest situation if one member of our law firm serves as the City Attorney while another member serves as State Representative?
"In the alternative, would there be a conflict of interest situation if our firm engages in a personal services contract with the City as described above while a member of the firm holds the office of State Representative?"
From the facts presented, it appears your law firm is operating under a personal service contract with the city of Hindman and the Hindman Water and Sewer District. As a consequence, it would appear that neither you nor your partner would be serving as city attorney for the city as mentioned in your initial question. Section 165 of the Constitution and KRS 61.080 prohibit a state officer, such as a State Representative, from serving as a municipal officer or employe. On the other hand, there is no constitutional or statutory provision prohibiting a member of the legislature or his law firm from contracting with a city for legal services as held in OAG 69-653 [copy attached] . See also OAG 77-536 [copy attached] concerning this question.
We recommend, however, as we suggested in OAG 77-536, that you clear this matter with the Legislative Board of Ethics pursuant to KRS 6.770 (c). Also, there may be a legal ethics question involved with respect to the practice of law which you should clear with the Kentucky Bar Association's Committee established for such purpose. The person to contact regarding this matter is Mr. Leslie Whitmer, Director, Kentucky Bar Association, 315 West Main Street, Frankfort, Kentucky 40601.