Request By:
Honorable Kenneth N. Ragland
Attorney at Law
P.O. Box 295
Calhoun, Kentucky 42327
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
As City Attorney for the city of Livermore, you present the following facts and question
"The question is whether a magistrateelect of McLean County, Kentucky, may continue to serve as zoning administrator for the Board of Adjustment for Livermore, Kentucky. The zoning administrator's only fees are paid directly to him by the applicant, and he receives no salary from the City. I suppose the question is whether or not the zoning administrator fills a municipal office such that it would be incompatible with a county office under KRS 61.080 (3)."
We see no constitutional or statutory objection to a magistrate continuing to serve as zoning administrator for the board of adjustment for the city of Livermore since the position of zoning administrator has been held not to constitute a city office in OAG 77-369 [copy attached].
As you know, there is no provision under § 165 of the Constitution and KRS 61.080 that prevents a county officer from holding a form of municipal employment. Of course, there is always a possible common law conflict where the duties of both positions cannot be performed with care and ability; however, this is a question of fact that only the courts can decide.