Request By:
Mrs. Lora A. Davis
Route 3, Box 53
Louisa, Kentucky 41230
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of May 15 in which you raise the question as to whether or not a member of the city council can also serve as postmaster or as deputy sheriff.
The position of postmaster is governed by Federal law, however, the Court of Appeals, in the case of
Commonwealth v. Clark, Ky., 506 S.W.2d 503 (1974), held that a postmaster of a fourth class post office was not a federal officer but merely a federal employe. Thus, in determining whether or not a postmaster is a federal officer or federal employe, it would apparently depend upon the class of post office involved concerning which we have no information. We will say, however, based on the referred to decision, that if the postmaster is one of the fourth class, there would be no incompatibility between that position and membership on the city council. On the other hand, if it is a federal office, there would be a prohibition under § 237 of the Kentucky Constitution holding, in effect, that no person can serve at the same time as a federal officer and a state or local officer.
The office of deputy sheriff is a county office pursuant to KRS 70.030 and as held in the case of Keating v. City of Covington, 18 KLR 245, 35 S.W. 1026 (1396). Of course membership on the city council is a city office. As a consequence, a person could not hold the office of deputy sheriff and membership on the city council at the same time since these two offices are incompatible, one with the other, under § 165 of the Constitution and KRS 61.080.