OAG 78-646 | KOGC

Request By:

Mr. Charles Hume
2423 Smallhouse Road
Bowling Green, Kentucky 42101

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 8 in which you indicate that you have served as a member of the Bowling Green Board of Education of the Bowling Green Independent School District while at the same time being employed as an Administrator of the Bowling Green-Warren County Health Department pursuant to appointment by the joint city-county board of health which is, in turn, approved by the Kentucky Department of Human Resources. The question is raised as to whether or not the two positions are incompatible.

Our response to your question would be in the negative since the joint city-county health department would be considered a hybrid agency not contemplated by the Constitution or statute relating to incompatible offices, namely § 165 of the Constitution and KRS 61.080. In this respect we refer you to OAG 70-731 mentioned by you and also OAG 66-777 which explains the basis of our conclusion concerning the nature of the agency in question. Copies of these opinions are enclosed.

LLM Summary

In OAG 78-646, the Attorney General responded to an inquiry about whether holding positions simultaneously on the Bowling Green Board of Education and as an Administrator of the Bowling Green-Warren County Health Department constitutes incompatible offices. The opinion concluded that these positions are not incompatible because the health department is considered a hybrid agency, not contemplated by the Constitution or relevant statutes. The decision cites OAG 70-731 and OAG 66-777 to support this conclusion.

Support Our Work