Request By:
Mr. Hubert L. (Sam) Holbrook
P.O. Box 1170
Hyden, Kentucky 41749
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 7 in which you relate that you are a state employe holding the position of vocational school coordinator. Under the circumstances, you raise the question as to whether or not you can become a candidate for the Leslie County School Board and still retain your present position and, further, if elected, can you continue to serve as vocational school coordinator.
Your letter fails to give sufficient information concerning your position as vocational school coordinator. If, for example, you are employed as such by the Leslie County Board of Education you could become a candidate for membership on the board but you could not serve on the board and at the same time continue to serve as an employe of the Leslie County School System in view of KRS 160.180 as held in OAG 74-649, a copy of which we are enclosing. This opinion is self-explanatory.
On the your hand, if you are not an employe of the Leslie County School Board but serve, for example, as an employe of the state Department of Education, there would be no constitutional or statutory conflict under § 165 of the Constitution and KRS 61.080 since a person can hold two state positions at the same time, whether they be in the form of an office or employment. See Coleman v. Hurst, 226 Ky. 501, 11 S.W.2d 133 (1928).