Request By:
Honorable Martin W. Johnson
Attorney at Law
John Lovett Building
Benton, Kentucky 42025
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of December 21 in which you raise the question as to whether or not a newly elected member of the Marshall County Board of Education can continue to serve as Treasurer of Calvert City.
Membership on the county board of education is a state office as held in many cases, including
Runyon v. Commonwealth, Ky., 393 S.W.2d 877 (1965). On the other hand, the position of city treasurer of Calvert City, a city of the fourth class, would be considered a municipal office pursuant to the terms of KRS 92.060.
Section 165 of the Constitution and KRS 61.080 prohibit a person from holding a state office and a municipal office at the same time
Aside from the above prohibitions, KRS 160.180 (1) (e) declares that no person shall be eligible to membership on a board of education who holds or discharges the duties of any civil office under the city or county of his residence.
As a consequence, a person holding the position of membership on the Marshall County Board of Education cannot at the same time serve as City Treasurer of Calvert City.